HARGOVINDBHAI RAMAJIBHAI SHRIMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. B.S. Brahmbhatt, learned Counsel for the appellant and Mr. N.J. Shah, learned A.G.P. for the respondents. Being aggrieved and dissatisfied by the order passed by the learned Single Judge in Special Civil Application No. 11632 of 2008 dated 19-10-2010, the present appellant-Hargovindbhai Ramajibhai Shrimali has preferred this Letters Patent Appeal before this Court.

(2.) The brief facts of the case are that the appellant was working as Craftsman with respondent No. 2, Commissioner of Health and Medical Services since 1979. The Government of Gujarat has been pleased to introduce a scheme for allotment of plot at concessional rate for its employees vide Resolution dated 10-2-1999. As the appellant was entitled to avail such benefits, he has applied to the respondent department vide his application dated 8-3-1999. The appellant had not received any reply from respondent No. 3, Collector, Gandhinagar regarding allotment and so the appellant had sent a reminder application on 11-3-2008 to the respondents. The appellant was shocked and surprised that respondent No. 3 had carried out allotment process of concessional rate plot without considering the application of the appellant and held two draws on 9-9-2002 and on 4-10-2007 without giving any reply to the appellant's application dated 8-3-1999. The respondent No. 3 rejected the application on 21-5-2008 i.e., after a period of nine years stating that the appellant was not eligible for allotment of plot at concessional rate. Against this order, the appellant filed Special Civil Application No. 11632 of 2008 before the learned Single Judge and the said petition was dismissed on 19-10-2010. It is this order which is under challenge in this Letters Patent Appeal.

(3.) Learned Counsel Mr. Brahmbhatt for the appellant has submitted that the post of appellant was non-transferable in nature and once the job of the appellant is proved as non-transferable in nature, he was entitled to get all the benefits granted earlier to other similarly situated employees and this important aspect was not considered by the learned Single Judge.