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2025 DAILYLAW 4894 (GUJ)

GOTHI DIVYESHKUMAR BHARATBHAI v. DIRECTOR

SCA/15767/2016 · 2025-07-01

N S Sanjay Gowda

body2025

Judgment text

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C/SCA/15767/2016 ORDER DATED: 01/07/2025E IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15767 of 2016 ========================================================== GOTHI DIVYESHKUMAR BHARATBHAI Versus DIRECTOR & ORS. ========================================================== Appearance: MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 1 MR UMANG R VYAS(5595) for the Respondent(s) No. 5 RULE SERVED for the Respondent(s) No. 2,3,4 MS DEVANSHIBA D RANA, AGP for the respondent-2 to 4 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 01/07/2025 ORAL ORDER 1. The prayer in this writ petition is for quashing the order dated 31.8.2016 whereby the service of the petitioner as Data Entry Operator was terminated. 2. It is not in dispute that pursuant to the advertisement dated 12.6.2016, the petitioner was appointed as Data Entry Operator under an order dated 20.7.2016. It is also not in dispute that the said appointment was a contractual appointment and the period of employment was specified to be 11 months on a consolidated salary of Rs.10,000/- per month. 3. By the impugned order, the petitioner has been terminated on the ground that 9 days after he was appointed, there was a Government Resolution dated 29.7.2016 whereby the post of Data Entry Operator was abolished and stood merged with that of the Assistant Clerk. C/SCA/15767/2016 ORDER DATED: 01/07/2025E 4. The present petition has been filed on 9.9.2016 and the petitioner was not granted any interim order at the time when the petition was entertained. Since the period of appointment of the petitioner was only for 11 months, it is obvious that the petitioner cannot be granted any relief in the year 2025 for the appointment made in 2016, which was only for a period of 11 months. In my view, the prayers sought for in the writ petition do not survive for consideration. The petition is, therefore, DISMISSED. Rule is discharged. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/07/2025 16:56:40