MANSUKHLAL PARBATBHAI DHADUK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition the petitioner has challenged the order of the Gujarat Civil Services Tribunal in Appeal No.139 of 1996 challenging the order of the District Primary Education Tribunal, Junagadh whereby the first appeal preferred by the petitioner was dismissed and the order of the District Primary Education Officer dated 22.6.1994 was uphold.

(2.) The facts giving rise to this petition are as under:

(3.) The learned counsel for the respondent-State has relied upon the decision of the Hon'ble Apex Court in the case of R.Vishwanatha Pillai vs. State of Kerala and others reported in (2004)2 SCC 105 particularly head note (B) which reads as under: "Service Law Civil Post A person illegally appointed, held, is not a person holding a civil post.