BANK OF BARODA Vs. GANPATBHAI TRIBHOVANDAS PATEL

JUDGEMENT

(1.) BOTH these appeals preferred under section 96 of the Code of Civil Procedure, 1908 are directed against the judgment and decree passed by the City Civil Court, Ahmedabad in Civil Suit No. 3303 of 1983 dated 20.9.1988. First Appeal No. 356 of 1989 is preferred by Bank of Baroda original defendant no.1 whereas First Appeal No. 606 of 1991 is preferred by State of Gujarat and the Director of Employment Exchange original defendant nos.2 and 3. Considering the same both the appeals were heard together and are disposed of by this common judgment.

(2.) THE parties are described in this judgment as per their position in the suit.

(3.) THE plaintiff got his name registered with the Employment Exchange, Ahmedabad for seeking employment. It transpires from the record that by communication dated 8.7.1982 the plaintiff received intimation from the defendant no.1 informing him that the name of the plaintiff has been recommended by the Employment Exchange for being considered for the post of Peon in the establishment of the defendant no.1 -Bank. It further transpires that defendant no.1 called for certain documents such as birth certificate, school leaving certificate and backward class certificate, if applicable, latest by 13.7.1982. It further appears that pursuant to the said communication dated 8.7.1982, the plaintiff submitted all documents in prescribed form on 10.7.1982. It is the case of the plaintiff that by communication dated 15.9.1982 the plaintiff was given intimation informing him that he has been selected for the post of Peon in the establishment of defendant no.1. It is further the case of the plaintiff that as per intimation received, he also submitted one affidavit in prescribed form on 21.9.1982. It is further the case of the plaintiff that he had thereafter undergone medical examination on 25.1.1983 as required and according to the plaintiff he was found to be medically fit. Despite the same no appointment order was given by defendant no.1 and on inquiry the plaintiff came to know that some interested persons were attempting to see that the selection list is cancelled and with this factual background the plaintiff filed the present suit and inter -alia prayed that the appointment of the plaintiff may not be cancelled and also prayed for the other consequential reliefs.