VAGHELA BABUBHAI GOBARBHAI Vs. DIRECTOR OF MUNICIPALITY

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellant - original petitioner assailing the correctness of the judgment and order dtd. 28/9/2016 passed by the learned Single Judge in Special Civil Application No.4841 of 2014.

(2.) The prayer made in the writ petition before the learned Single Judge by the appellant was to direct the respondent - authority to grant petitioner the pay-scale of permanent clerk as per the award passed by the Industrial Tribunal, Rajkot, in Reference (IT) No.57/1999 from the date on which the post had fallen vacant. It was further prayed to give directions to the respondent to grant regularization to the petitioner with retrospective effect.

(3.) Learned Single Judge held that the petitioner was not entitled to the post as it was not filled in the sanctioned set-up of the Municipality. Therefore, it was observed by the learned Single Judge that in the absence of eventuality having been occurred and the conditions mentioned in the award of the Industrial Tribunal having been fulfilled, no right for the petitioner could accrue. It was only when any post on the set-up of Municipality was filled up by way of regular appointment, the petitioner's right could arise to be considered. Citing such observations, the learned Single Judge dismissed the writ petition.