HALVAD MUNICIPALITY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Dhaval Vyas for the appellant-Municipality, learned Assistant Government Pleader Mr.Sahil Trivedi for respondent No.1-State and learned advocate Mr.T.R. Mishra for learned advocate Mr.Koshti for private respondent No.2.

(2.) The present Letters Patent Appeal filed under Clause 15 of the Letters Patent is directed against judgment and order dtd. 31/7/2021 of learned Single Judge, whereby the petition of the respondent No.2 herein came to be allowed. The respondents-Nagarpalika as well as Secretary, Urban Housing Department, are directed to pass orders appointing the petitioner on the post of Cleaner which is already sanctioned by the Director of Municipalities by order dtd. 3/9/2013. It is further directed to pay arrears of salary to the petitioner and other consequential benefits as above paid to the regular employee, completing such exercising within four weeks and it was further provided that failure to comply would attract interest on the payment to be made to the petitioner.

(3.) The petitioner joined services in the Municipality as daily wager with effect from 24/7/1996 and worked till 2003. It is stated that he worked continuous. It appears that in the year 2000 services of the petitioner along with other employees came to be terminated. The petitions came to be filed and petitioner came to be reinstated in service. In Letters Patent Appeal No.1202 of 2002 filed by the Municipality against order in Special Civil Application No.9916 of 2000 of learned Single Judge, observations were made by the Division Bench to consider the case of the petitioner for future appointment. It was stated that Special Leave Petition filed against the said order of the Letters Patent Bench was dismissed.