GOVERNMENT OF GUJARAT Vs. AMARSHI HIRABHAI

JUDGEMENT

(1.) Since, the first appeals filed before the Lower Appellate Court by the defendants were heard and decided by common judgment and since identical and same substantial questions of law have been formulated in these appeals they are heard and decided together.

(2.) In all the appeals the respondents are the original plaintiffs, who filed suit seeking declaration that oral order dated 31stDecember 1987 terminating their services is illegal and against the principles of natural justice. They have prayed for decree of reinstatement with all consequential benefits.

(3.) The case of respondents is that they were appointed on permanent vacant posts. The respondent in Second Appeal No. 82/1998 and respondent in Second Appeal No. 83/1998 were appointed on 25th December 1978 whereas the respondent in Second Appeal 84/88 was appointed on 10th December 1985. It is their further case that they were appointed by oral order as daily wagers on nominal muster roll. So far as the respondents in Second Appeal No. 82 and 83 of 1998 are concerned, as on the date of filing of the suit by them, they had completed about 9 years of service as daily wager and so far as the respondent in Second Appeal No. 84/1998 is concerned he had completed only two years of service on the date of filing of the suit.