VAJIBEN MEDHABHAI Vs. JUNAGADH NAGARPALIKA

JUDGEMENT

(1.) . Rule returnable today. Ms.Nanavaty, learned Advocate, appears and waives service of rule on behalf of the Junagadh Nagarpalika and Ms.Punani, learned AGP, appears and waives service of rule on behalf of respondent No.2.

(2.) . By filing this petition, the petitioner has prayed that the respondent-Nagarpalika may be directed to implement the Resolution dated 29/04/2001, which is at Annexure 'C', page 11. The petitioner is the employee of the respondent No.1-Junagadh Nagarpalika. She gave an application on 5.4.1999 and by the said application, it was requested by her that because of her old age and indifferent health, she wants to retire voluntarily from the employment and the post which may fall vacant in view of her resignation, may be offered to her daughter-in-law, one Urmilaben Bipinbhai Jethwa. She has further stated in her application that till her daughter-in-law is appointed in the said post, she will continue on her post. Mr.Kakkad for the petitioner submitted that, later on, by way of superannuation, she retired from service on 30th June, 2002.

(3.) . Thereafter, the respondent-Municipality has passed a Resolution, being Resolution No.158 of 2001, dated 29th April, 2001. The said Resolution is at Annexure 'C' page 11. It is provided in the said Resolution that a demand is made by the employees to the effect that on their giving voluntary resignation, their relatives may be absorbed in employment and that, even in the past, such employment was given to the dependants of the employees. In the Resolution, it is stated that there is also a request from the Union for giving such employment. Under such circumstances, the said Resolution was passed by the Municipality, by which 81 employees were given the benefit of employment to their dependants or near relatives. It is provided in the Resolution that the voluntary resignation of the aforesaid employees may be accepted and the dependants of such employes, whose names are also mentioned in the said Resolution, may be given employment. As pointed out earlier, the said Resolution is produced on the record. The petitioner also based her claim on the basis of the aforesaid Resolution and it is argued that since the petitioner is also willing to give voluntary resignation, her daughter-in-law may be provided employment. The petitioner has accordingly filed this petition for a direction against the Municipality to implement the aforesaid Resolution dated 29.4.2001, Annexure C', page 11 and and to give suitable employment to the daughter-in-law of the present petitioner.