IQBAL HUSSEIN ABDULMIYA SHEIKH Vs. DISTRICT PANCHAYAT, SABARKANTHA

JUDGEMENT

(1.) Civil Application (For Bringing Heirs) No. 1 of 2021 is allowed. Since Appellant Mr. Iqbal Hussein Abdulmiya Sheikh has expired on 05.12.2020, legal representatives are taken on record.

(2.) The Appellant Iqbal Hussein Abdulmiya Sheikh had approached this Court aggrieved by the order of learned Single Judge passed on 13.04.2010 whereby learned Single Judge was pleased to reject the Special Civil Application (Writ Petition) No. 2293 of 1993 following the judgment of Hon'ble Supreme Court in case of Secretary, State of Karnataka & Ors. v. Umadevi & Ors, 2006 4 SCC 1. The petitioner/appellant is now represented by his Legal representatives ie., his widow Shabina Banu Iqbal Hussein Abdulmiyan Sheikh; son Mohammed Irfan Iqbal Hussein Sheikh; daughter Shajidabanu Iqbal Hussein Sheikh, his son Mohammed Yunus Iqbal Hussein Sheikh.

(3.) The Appellant/Petitioner was initially appointed as Daily Wager in Class-IV Peon by the respondent - Taluka Panchayat, Ta: Meghraj, District: Sabarkantha in the year 1985 and till 1993, he was allowed to work as Peon-cum-Daily Wager Driver in the Respondent Taluka Panchayat. The details of his working, as given in the reply filed by the Respondent-Taluka Panchayat before the learned Single Judge, are quoted below: