MUSTAKAHAMED R MANDLI Vs. VIRAMGAM NAGAR PALIKA

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for directing the respondent to appoint the petitioner on regular and permanent basis or in the alternative, quashing and setting aside the dismissal of the petitioner as Rojamdar by the respondent.

(2.) It is the case of the petitioner that the petitioner started working as Rojamdar Octroi Clerk with the respondent since June, 1991. The respondent invited applications for the post of Class-III and IV employees and selection committee has decided to appoint three strangers as Junior Octroi Clerk in the month of September, 1996. Thereafter, on 04th November 1996, the petitioner was terminated from his service. On 02nd December 1996, the petitioner submitted an application stating therein that junior to him is allowed to continue in service and therefore, he may be allowed to continue in service according to his seniority. Hence, present petition.

(3.) It is the case of the petitioner that the petitioner is qualified for the said post on regular and permanent basis as well as he has six years' experience, however, his case has not been considered. It is further submitted that though the respondent-authority had filed an undertaking before this Court in one another petition to regularize services of the petitioner on permanent basis as and when there is vacancy, the same has not been complied with. It is further submitted that the rojamdars who are junior to the petitioner are continued in service and the service of the petitioner has been terminated. Thus, the principal of 'last come, first go' has not been followed by the respondent. Hence, the present petition may be allowed with all the reliefs prayed for therein.