VIJIBHAI CHINABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners above named have preferred this petition under Art. 226 read with Arts. 14 and 16 of the Constitution of India for appropriate writ, order or direction for quashing and setting aside the order dated 29.9.1987 placed at Annexure 'A' passed by the Dy. Executive Engineer. Building & Communication; Veraval Sub-Division of District Panchayat, Junagadh terminating the services of the petitioners w.e.f. 31.10.1987 as being illegal, unjust and unconstitutional. The petitioners have further prayed for a declaration that the petitioners are entitled to be absorbed in the permanent set up of the respondents or as permanent employee of the respondents and consequently they are entitled to all the benefits available to the permanent employee. The petitioners have further prayed for a direction to the respondents to absorb the petitioners permanently as they have rendered their services for more than one year.

(2.) On receiving the aforesaid petition, notice was issued at the first instance on 29.10.1987 and ad- interim relief to maintain status-quo was also granted limited upto 8.11.1987. The matter was adjourned from time to time and the interim relief was continued till further orders. Thereafter, on 29.10.1990 Rule was issued. In response to the said service of rule, respondents have appeared to contest the petition.

(3.) I have heard Mr. H.J. Nanavati, learned Advocate for the petitioner and Mr. H P Ravel, learned Advocate appearing for respondents Nos. 3, 4 and 5 and Mr. K.G. Sheth, learned AGP for the State-respondent No.1.