GOVIND S CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order of termination dated 25/01/2002 passed by respondent No.3 ? Mandvi Gram Panchayat.

(2.) Mr.Bipin Mehta, learned advocate appearing on behalf of the petitioners has made following submissions :

(3.) It is to be noted that as such the initial appointment of the petitioners itself was illegal and was by way of back-door entry and was without following due procedure of regular selection. Despite the above, Sarpanch on his own entered into the Settlement with such persons and a joint pursis was submitted before Labour Court to make all of them permanent and to give all benefits of permanent employee. The aforesaid itself was illegal and if the concerned petitioners were appointed illegally, they cannot claim as matter of right that they shall be continued as permanent employees and to grant such relief would tantamount to perpetuate illegality and to give premium to illegal act and wrong doer.