PREETA FRANCIS Vs. MAHESH JETHNAND MULCHANDANI

JUDGEMENT

(1.) WE have heard Mr R.J. Oza, learned counsel for the appellant, Mr T.R. Mishra, learned counsel for respondents No.1 and 2 and Mr Dhaval Vyas, learned counsel for respondent No.3. This intra court Letters Patent Appeal has been filed challenging the judgment of learned Single Judge dated 30.09.2010 passed in Special Civil Application No.13510 of 2008 by which the learned Single Judge allowed the writ petition partly and set aside the order passed by the respondent No. 3 Kandla Port Trust dated 19.8.2008 appointing the present appellant on permanent basis on the post of Junior Clerk/Typist. However, the learned Single Judge has directed that the case of the appellant was required to be considered as per seniority of Messengers by the Kandla Port Trust in accordance with law.

(2.) THE learned counsel for the appellant has urged that the appellant has been appointed by way of direct recruitment as clerk, therefore, the seniority list of Messengers was not relevant to his case.