UDAYANKUMAR NATVARLAL PANDYA Vs. KALOL NAGAR PALIKA

JUDGEMENT

(1.) The present petition is filed seeking direction against the respondent Municipality to the effect that the petitioner shall be absorbed as Barnishi Clerk from 1.11.1988 onwards.

(2.) Ms.Shah has pointed out that the present petitioner is working since 15.1.1982 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 appellant 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 on one hand and the Nagarpalika on the other has observed that... "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 and the list of the daily rated employee will be in accordance with the seniority and the copy of the same will be given to the Union also." This Court has further 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 Paras : 7 & 8 it is submitted as under :