AHMEDABAD: The Gujarat high court has quashed a state govt order cancelling an appointment of a teacher 33 years after he was given the job and some 17 years after his death, and stopping the pension being given to his widow.In this case, Harshad Bhavsar, along with five others, was appointed as a teacher in its school by Sugyan Education Trust in 1988. After ascertaining he got requisite qualification for the post, his appointment was regularised by the district education officer in 1989. After serving for 16 years, Bhavsar died in 2004. The education department began paying family pension to Bhavsar’s widow, Manorama.In 2021, the director of schools cancelled the appointment of six teachers and a librarian of the school, including that of Bhavsar, withdrew grant benefits, cancelled employee numbers and stopped salary payments under the Direct Salary Scheme.The govt action was initiated following a complaint made in 2015 by the husband of then school principal, alleging that the appointments had been made in violation of recruitment rules. The govt cancelled the appointments on the grounds that they were based on forged documents, made without obtaining a no-objection certificate, without publishing advertisements and without seeking names from the employment exchange, causing a financial loss of over Rs 6 crore to the exchequer.The school trust and the affected employees, including Bhavsar’s widow, challenged the order before HC in 2021. A single-judge bench quashed the govt’s s decision, ruling that appointments could not be cancelled after more than three decades.However, the state govt appealed appealed against the order regarding the revocation of Bhavsar’s appointment.Dismissing the appeal, a division bench of N S Sanjay Gowda and Justice J L Odedra said, “If an appointment was made in the year 1988, was regularised in 1989, the same cannot be subjected to a challenge or could be doubted by the state nearly 33 years after the appointment was made.”The bench further said, “The state, after granting a family pension to the widow of the employee, is now doubting the very appointment itself, which its own officials had regularised. The learned single judge, in our view, has rightly quashed the order of cancellation and held that the state could not exercise its powers to cancel the appointment at such a belated stage.”
