LAWS(GJH)-2013-7-535

Y P KUMPAVAT Vs. STATE OF GUJARAT

Decided On July 03, 2013
Y P Kumpavat Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Since the subject matter of all these appeals is the same, and the challenge is also to a common judgment and order passed by the learned Single Judge of this Court, those were heard analogously and are being disposed of by this common judgment and order. All the four appeals are at the instance of unsuccessful petitioners of the respective Special Civil Applications referred to above, and are directed against the judgment and order dated 10th June, 2013, passed by the learned Single Judge of this Court, by which His Lordship rejected all the writ -applications.

(2.) The facts shortly stated may be summarized as under : -

(3.) Thus, from the facts noted aforementioned, it appears that the case of the appellants is plain and clear. According to them, even if it is believed that their appointment was on ad hoc and temporary basis, they should not be replaced by another set of illegally appointed persons. The basis of this stance of the appellants appears to be the alleged noncompliance of the executive instructions as contained in the Government of Bombay Resolution dated 26th December, 1957, which lays down the procedure for recruitment on non -judicial posts in the subordinate Courts. According to the appellants, the decision of the High Court to constitute a Centralized Recruitment Cell and undertake the recruitment process for appointment to Class III and Class IV posts was not in accordance with law, as the Government of Bombay Resolution dated 26th December, 1957 does not provide for the same and there has been no amendment in the Rules so as to provide for Centralized Recruitment Cell.