SHANKARBHAI BHULABHAI PATEL Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) Applicant-original petitioner in Special Civil Application No. 2603 of 1990 has filed this Application alleging that Government of Gujaratopponent herein has willfully and deliberately contravened the interim relief granted by this Court on 23/05/1990 and thereby committed contempt of this Court and praying that the opponent-Government be directed to comply with said interim relief and to restore status quo ante.

(2.) Facts leading to this Application briefly stated are as follows : Applicant was appointed as Member of Gujarat Panchayat Service Selection Board ("Board" for short) by an order dated 17/04/1975 under Clause 3 of the Gujarat Panchayat Service Selection Board (Condition of Service) Order, 1964 ("Order" for short) read with Sec. 210 of the Gujarat Panchayats Act, 1961 ("Act" for short). Applicant was again appointed as Member of the Board for a period of six years with effect from 18/04/1981. He was appointed as Chairman of the Board with effect from 14/10/1981. By an order dated 16/04/1987 applicant was appointed as Member of the Board till further orders of the Government. According to the applicant though the last order dated 16/04/1987 stated to the effect that he was appointed as member of the Board till further orders of the Government, his appointment should be deemed to be for a term of six years commencing from 16/04/1987. He was, therefore, entitled to continue as Member of the Board till 15/04/1993.

(3.) After the election of the Legislative Assembly in February 1990 new Government assumed office. The new Government, it is alleged, made announcement that all appointees of the State Corporation and Boards who were appointed by the former Government, should resign. It is further alleged that it was suggested to the applicant to resign as Member and Chairman of the Board. The applicant, however, did not resign. The applicant apprehending that his appointment as Member and Chairman of the Board would be terminated, filed petition being Special Civil Application No. 2603 of 1990 seeking injunction against the Government from terminating his appointment as Member and Chairman of the Board and from interfering with the discharge of his duties and functions as such Member and Chairman. It is not necessary for us to set out the grounds on which this relief was sought. The learned single Judge before whom this petition came up for hearing issued notice pending admission and granted ad interim relief restraining the Government from terminating the appointment of application as Member and Chairman of the Board and from interfering with the discharge of his duties and functions as such Member and Chairman. Thereafter, on 23/05/1990 after hearing the learned Counsel for the applicant and the Government the learned single Judge admitted the petition and confirmed the ad interim relief granted by him. The interim relief granted by the learned single Judge is at Annexure "A" to this Application and it is in the following terms :