S A MORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Heard Mrs.M.R.Vyas, learned counsel appearing for the petitioners.

(2.) By means of instant Special Civil Application in the nature of Public Interest Litigation, the petitioners draw the attention of the Court towards the illegalities in the appointments of respondent Nos.9 to 28 in the year 1999. They assert that the appointments were made contrary to the provisions of the Bombay Provincial Municipal Corporations Act, 1949, hereinafter called "the Act", under the influence of political persons and for other extraneous considerations. The petitioners further point out that despite the fact that the appointments of respondent Nos.9 to 28 were illegal, Bhavnagar Municipal Corporation, Bhavnagar, the employer, hereinafter called "the Corporation", had been trying hard, through Resolutions submitted to the State Government of Gujarat, for regularization of their services. In the backdrop of these facts, the petitioners urge that this Court may issue appropriate remedial writ, order or direction.

(3.) From the averments made in the petition itself, it is absolutely clear that the State Government of Gujarat had already taken note of the alleged irregularities in the appointments of respondent Nos.9 to 28, and invoking power under sub-section (1) of Section 451 of the Act, had prohibited the Corporation from implementing the Resolution regarding regularization of the appointments of respondent Nos.9 to 28.