Premal Pankaj Bhatt vs Ahmedabad Municipal Corporation

1. Petitioner has worked as Swimming Coach with respondent­corporation since 2006 and was later on appointed as Administrator­cum­Coach on ad­hoc monthly basis, getting salary of Rs.8500/­. He continued to work on the said post of Administrator­cum­Coach. Such contractual appointment was made on following the due procedure where the panel of expert committee selected the petitioner.

2. It is the case of the petitioner that pursuant to the advertisement issued by the respondent corporation dated 10.02.2015, recruitment of Administrator­cum­ Page 1 of 2 C/SCA/5994/2015 ORDER Coach on ad­hoc monthly contractual basis is contrary to the law laid down by the Apex Court and followed by this Court in various decisions. Decision rendered in the case of Pradeep Navinbhai Patel and others vs. State of Gujarat and others reported in 2014 (2) G.L.H. 501. Learned advocate Mr.Vishal Dave appearing for the petitioner has urged that it is impermissible for the corporation to replace ad­hoc set of employees with another set of ad­hoc employees. The advertisement being not for the post of appointing on regular basis, intervention would be desirable. He has relied upon the order which is passed in Special Civil Application No.4722 of 2015.

3. Issue urgent Notice, returnable on 20.04.2015. The respondent is directed in the meantime not to terminate the services of the present petitioner and is also further directed not to declare the result of swimming trade test till the returnable date. To be tagged with Special Civil Application No.4722 of 2015. Direct service today is permitted.

(MS SONIA GOKANI, J.) ANKIT Page 2 of 2