RAJKOT DISTRICT PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) THE appellant has approached this Court by way of these second appeals assailing the judgement and order passed by the Assistant Judge, Morbi in Regular Civil Appeal No. 06 and 16 of 1991 dated 24.03.1994 as well as the judgement and order dated 03.08.1990 passed by the Civil Judge, Senior Division, Morbi in Regular Civil Suit No. 323 of 1982.

(3.) AT the outset it is required to be noted that the present appellant was not a party before either of the courts below. The appellant is a party to the proceedings for the first time in the present appeals. The trial court framed issues at Ex. 38 and after framing issues, evidence of both parties were recorded and after consideration of the oral as well as documentary evidence the trial court allowed the suit of the plaintiff partly. The trial court decided that the appointment of the original defendant no. 2 was illegal but as he had been serving for almost ten years it shall not be desirable to remove him from the service. Instead the trial court directed the original defendant no. 1 - State to reinstate the original plaintiff on the said post as and when vacancy arises.