Extracted from the PDF above. The PDF is authoritative.
C/SCA/16375/2017 ORDER DATED: 29/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16375 of 2017 ========================================================== GAURANG KRUSHNAKUMAR PATHAK Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR PH PATHAK(665) for the Petitioner(s) No. 1 MR AKASH CHHAYA, AGP for the Respondent(s) No. 1 MR AD OZA(515) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 29/07/2025
ORAL ORDER
1. The prayer in this writ petition is to hold that the action of the respondent No.2 in discontinuing the service of the petitioner was illegal and to direct the respondent No.2 to reinstate the petitioner in service and consider him to be in continuous service from 2011.
2. It is not in dispute that the petitioner was appointed on a contractual basis and on a fixed salary of Rs.12,000/- per month. The initial contract was for a period of 11 months, which was extended from time to time. Ultimately, the authorities came to the conclusion that there was no need to renew the contract of the petitioner and, therefore, the impugned order has been passed, holding that his service is discontinued.
3. This order was passed in 2017 and at the time of entertaining the petition, no interim relief was granted to the petitioner. Consequently, the petitioner is out of service for past
C/SCA/16375/2017 ORDER DATED: 29/07/2025 nearly 8 years, Furthermore, in view of the fact that the petitioner was admittedly appointed on a contractual terms and the initial terms of appointment and the subsequent terms were always for a period of 11 months, the petitioner cannot be held to secure right to continue in service forever like a regular employee. I am therefore, of the view that there is no merit in the contentions advanced by the petitioner. 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 29/07/2025 17:47:37