K M RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special Civil Application No.8414 of 1990 is jointly filed by both the petitioners - Peons, challenging their termination order dated 13.11.1990 (Annexure : I). The Division Bench of this Court (Coram : A.P.Ravani & D.G.Karia, JJ.) (as then they were), straightway admitted the petition on 5.12.1990 by issuing Rule and granted ad.interim relief in terms of Para : 16(i), and also made it clear that if the respondents want then they may file Affidavit in Reply as early as possible and thereafter they may request the Court for hearing as to interim relief.

(2.) Civil Application No.1208 of 1991 was filed by the State of Gujarat and others in above Special Civil Application No.8414 of 1990 for vacating the ad.interim relief, granted by the Division Bench of this Court in main Special Civil Application No.8414/90, on 5.12.1990. The said Civil Application was adjourned from time to time along with main writ petition and the ad.interim relief is continued till today. Thus, under the interim orders of the Court both the petitioners continued to remain in service as the termination order was stayed by the Division Bench of this Court.

(3.) Petitioner No.1 - Shri K.M.Rathod was appointed as Peon with effect from 9.8.1977, whereas the petitioner No.2 - Shri Ashok H.Raval was appointed from 1.5.1979 with the respondent State of Gujarat and with the artificial breaks of couple of days they were continued in service as Peon till 1980 and after 1980 they continued in service without any break in service. Inspite of long service of nearly 10 years they were not made permanent, therefore, they made representation for making them permanent. By an order dated 16.8.1988 both the petitioners were absorbed in service in Narmada Development Department (Annexure : A). Thereafter, both the petitioners made representation (Annexure : B collectively for considering their seniority and other rights. Instead of assigning their seniority and giving other benefits of service the respondent State decided to terminate their service by an order dated 10.7.1990 (Annexure : D). Therefore, they approached this Court by way of Special Civil Application No.5121 of 1990. The learned Single Judge of this Court granted ad.interim relief and restrained the respondents from terminating the services of the petitioners by order dated 16.7.1990 (Annexure : C). The said Special Civil Application No.5121 of 1990 was allowed by the learned Single Judge (A.P.Ravani,J.) on 16.8.1990 (Annexure : E). In pursuance of the Judgment and order passed by the learned Single judge of this Court on 16.8.1990 in Special Civil Application No.5121 of 1990, the respondents - State of Gujarat by its order dated 22.8.1990 (Annexure : F) withdrawn the order of termination dated 10.7.1990 passed by it.