KAZI H DOSUMIYAN Vs. DHOLKA NAGARPALIKA

JUDGEMENT

(1.) WE have heard Mr.J.R.Nanavati, learned counsel for the appellant and Mr.Premal Joshi, learned counsel appearing for respondent No.1.

(2.) THIS intra Court Letters Patent Appeal has been filed challenging the judgment and order of the learned Single Judge dated 13.3.2009 in Special Civil Application No. 4320 of 1990.

(3.) MR.Premal Joshi, learned counsel for respondent No.1 has urged that the Resolution of the Executive Committee of the Nagarpalika had been set aside by the Collector on 28.2.1991, as stated in paragraph 13 of the order of the learned Single Judge. The order passed by the Collector had already been filed at page 100 of the paper book. The learned Single Judge has refused to hold the appellant as a permanent and regular employee and has recorded a finding to that effect the Resolution passed by the Administrator and the Executive Committee was illegal and without jurisdiction as neither of them had power to make the appellant as a permanent employee. The appointment of the appellant was made without following the procedure of selection and even without prior sanction of the authority. The view taken by the learned Single Judge in paragraphs 13, 14, and 15 of the judgment and order is extracted below: