RAMESHCHANDRA SOMCHAND VAGHELA Vs. KALOL NAGARPALIKA

JUDGEMENT

(1.) The present petition is filed seeking direction against the respondent Municipality to the effect that the petitioner shall be absorbed as Octroi Clerk from 1.9.1990 onwards.

(2.) Ms.Shah has pointed out that the present petitioner is working since 14.9.1983 as is mentioned in Annexure : A, Page : 9. Ms. Shah has also pointed out that thereafter the matter was before the Collector and the Collector in Appeal No.2 of 1988 has passed an order to the effect that the Appeal of the present petitioner, who was one of the appellants is partly allowed and that the Municipality should verify about the earlier service of the appellants and if the appellants are entitled for the benefits, the Nagarpalika shall decided about the same. Ms.Shah has heavily relied upon a Judgment of this Court in Special Civil Application No.5469 of 1983 (Coram : A.P.Ravani, J., as His Lordship then was,) dated 12.12.1983, wherein this Court was dealing with a similar situation and relying upon the settlement arrived at between the parties i.e. Union one one hand and the Nagarpalika on the other. It was agreed that so far as question of making permanent, the daily rated employee is concerned the Nagarpalika will have to prepare the seniority list of the daily rated employees and the same will be in accordance with the seniority and the copy of the same will be given to the Union also. Thereafter, this Court has observed as under :

(3.) At this stage Mr.M.I.Patel, learned Counsel for the respondents points out that in Affidavit in Reply filed on behalf of the respondent in Para : 3 it is stated that...."I say that there are two more daily wagers/Badli clerks who are senior to the petitioner and who are working in the respondent Municipality as such. I say that the Udayan N. Pandya is working as a Badli worker/daily wager with effect from 18.1.1982; while one Vishnubhai is working as such since 22.4.1980. I say that the said two persons have worked as clerks in other departments also; and at present they are working as such in the General Administration Department and Education Cess Department respectively. However, it is true that from amongst such daily wagers/Badli clerks who are working in the Octroi Department at present, the petitioner is senior most as he had joined the work as such with effect from 14.9..1983.." Mr.Patel also pointed out that the petitioner is not possessing the requisite qualifications for the said post and therefore the petitioner cannot be absorbed on the said post of Octroi Clerk. For ready reference the contents of Para : 4 are also reproduced herebelow :