BHAVNAGAR DISTRICT PANCHAYAT Vs. SHANKARBHAI DHANJIBHAI SOLANKI

JUDGEMENT

(1.) By way of the present Letters Patent Appeal, Bhavnagar District Panchayat & Ghogha Taluka Panchayat have felt aggrieved by the judgment and order dated 19.7.2012 passed by the learned single Judge in Special Civil Application No. 6467 of 2002 whereby the learned single Judge allowed the writ petition filed by the respondents herein--original petitioners and quashed and set aside orders dated 27.6.2002 and 30.7.2002. The parties are referred to as they appeared before the learned single Judge i.e. respondents herein--original petitioners and appellants herein--original respondents.

(2.) The facts in brief are that the petitioners are working as Peon in the respondent No. 2's office for the last 15 years. On 6.6.1990, the respondents have given benefit of permanency to the petitioners and it was decided to give benefit of Government Resolution dated 17.10.1988 to the petitioners. Thereafter, 24.11.1997, the respondent No. 2 passed order withdrawing the benefits which are granted to the petitioners in the year 1990. The said order was challenged by the petitioners by filing Regular Civil Suit No. 873 of 1997. The Trial Court rejected application Exh. 5. The said order was challenged by the petitioners by filing Civil Misc. Appeal No. 16 of 1999 and the Appellate Court quashed and set aside the order dated 24.11.1997 on the ground that it was passed without hearing the petitioners. Thereafter, instead of hearing the petitioners, the respondents terminated the service of the petitioners by order dated 3.7.2001. Therefore, the petitioners filed Contempt Application No. 75 of 2001. In the said matter, advocate for the respondents made a statement that they would withdraw the said order and accordingly, contempt application was disposed of. Thereafter, on 27.6.2002, the respondent No. 2 has passed the order withdrawing the benefits that were granted to the petitioners in the year 1990. Vide order dated 30.7.2002, the respondent No. 2 placed the petitioners to their original position i.e. part time employees and the petitioners were given duty for four hours and also passed an order for recovery of the amount paid to the petitioners.

(3.) Being aggrieved by the said order, the petitioners preferred writ petition being Special Civil Application No. 6467 of 2002 which came to be allowed by the learned single Judge.