(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. M.A. Parekh, learned counsel appearing for the appellant and Mr. Rakesh Patel, learned Assistant Government Pleader appearing for the respondent No.1.
2. This Letters Patent Appeal has been filed challenging the judgment and order dated 14.9.2012 passed in Special Civil Application No.12373 of 2012 whereby the learned Single Judge dismissed the writ petition filed by the appellant.
3. The appellant was appointed on contractual basis on a fixed salary of Rs.3050/- per month to Rs.4500/- and then to Rs.5300/-. The contract of the appellant has been terminated and he has been dismissed from service.
4. Before the learned Single Judge, the argument was that the dismissal/termination of the appellant's service was arbitrary as the appellant was appointed pursuant to Government Resolution dated 28.10.2010 and 6.10.2011 and the Government Resolution dated 6.10.2011 was not implemented for a long period of time and without following the conditions laid down in the Government Resolution dated 1.4.2010, the appellant's service has been terminated which is illegal.
5. Learned counsel for the appellant has fairly admitted that though he has not placed Government Resolution dated 23.5.2005 before the learned Single Judge, but on the strength of this Government Resolution, he has argued that without giving one month's time, the services of the appellant could not be terminated. It is not disputed by learned counsel for the appellant that earlier, the appellant and other employees had filed writ petition before this Court for regularization of their services and the said writ petition has been dismissed.
6. In our opinion, a person appointed on contract basis has no right and material which was not on the record before the learned Single Judge, we cannot take such a material into account. It is not disputed that the appellant is an employee on contract basis and his service has been terminated. Employees appointed on contract have no right. Accordingly, we do not find any error in the judgment and order passed by the learned Single Judge. This Letters Patent Appeal is devoid of any merits and is accordingly dismissed.
In view of dismissal of appeal, civil application does not survive and it is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya