GANATRA PARESHKUMAR PRABHUDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Second Appeal has been preferred Under Sec. 100 of the Code of Civil Procedure by the original plaintiff, against the judgment and decree passed by the Additional District Judge/ Presiding Officer, 5th Fast Track Court, Rajkot dtd. 31/1/2009 allowing the Regular Civil Appeal No.47 of 1998 after setting aside the judgment and decree dtd. 19/2/1997 passed by the Civil Judge (Senior Division) Rajkot in Regular Civil Suit No.1056 of 1985.

(2.) For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them before the Trial Court i.e. plaintiff and defendant.

(3.) The brief facts of the plaintiff's case is that he was appointed as clerk-cum-typist (Gujarati) vide appointment order of the learned Collector Rajkot dtd. 20/2/1985. His service came to be terminated by the Mamlatdar, Rajkot by his order dtd. 15/4/1985. According to the plaintiff, his service came to be terminated retrospectively with effect from after office hours on 10/5/1985 on the ground that he was declared surplus. According to the plaintiff, thereafter vide order dtd. 16/4/1985 the Collector Rajkot once again appointed the plaintiff as clerk-cum-typist and posted him at Morbi. It is the say of the plaintiff that termination order dtd. 15/4/1985 is illegal, null and void and only the Collector of Rajkot was authorized to terminate him, whereas the termination order was issued by the defendant no.3 i.e. below the rank of the Collector.