J.S.NAKHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of challenging the legality and validity of the order of removal from services passed by the respondent authority on 23.2.2011.

(2.) The facts giving rise to the present Special Civil Application are that the petitioner was originally appointed as Shop Inspector with respondent No.5 Municipality by order dated 29.3.1980. The petitioner was given additional charge in the month of April 1980 for the purpose of removing encroachment and then the petitioner was made to work in dual capacity upto 1983. During the course of his duty, he was also assigned various responsibilities and was also given the charge of entire sanitation department of the respondent No.5 Municipality. In December 1987, the petitioner was awarded with certificate by the Chief Officer for his hard work and sincerity. Later on, the then Chief Officer went on leave between October-November 1991, as a result of which, the charge of Chief Officer was given to the petitioner. The petitioner was looking after the work of Municipality as a Chief Officer as well and on account of his sincere work, a resolution was passed by the Municipality on 12.9.1994, recommending the Government for regularizing the petitioner on the post of Chief Officer since he is holding the requisite qualification. Several recommendations were made by the then Collector, Jamnagar and the Regional Director of the Municipality, Rajkot was finally constrained to pass an order regularizing the petitioner's appointment as Chief Officer conditionally. It was however made it clear that the appointment would be purely subject to regulation which may be enacted with regard to the said post and this appointment would not create any right to stick to the post of Chief Officer.

(3.) It is the case of the petitioner that on Government record, despite such order having been passed in favour of the petitioner, the post of Chief Officer was mentioned as vacant insofar as it relates to Khambalia Municipality. By this time, the respondent Government came out with a circular passed in September 1998 whereby all the vacant posts of Chief Officer in the Municipalities were to be filled in by way of retired persons and having age of beyond 60 years and since the said circular was detrimental to the petitioner, he preferred Special Civil Application No.10330 of 1998, challenging the said circular. Originally, on 14.12.1998, ad-interim relief was granted not to disturb the petitioner and then the said interim protection was made absolute vide order dated 18.8.1999 and the said petition was pending.