STATE OF GUJARAT Vs. SOMABHAI MATHURBHAI VASAVA ADIVASI

JUDGEMENT

(1.) Both these Letters Patent Appeals are filed by invocation of Clause 15 of the Letters Patent, challenging part of the order of the learned Single Judge recorded in SCA 2727/04 dated 23rd February, 2004 and has raised identical questions. Upon request, we have heard these appeals together and, therefore, they are being proposed to be disposed of by this common judgment.

(2.) We have heard the learned Advocates appearing for the parties. We have also followed and examined the text and tenor of the impugned judgment of the learned Single Judge and the relevant provisions of the circulars, as well as, the procedure followed for the employment of the original petitioner.

(3.) We are satisfied from the record and the facts stated in the judgment of the learned Single Judge that the selection of the original petitioner, one Somabhai M.Vasava, could not be said to be a back-door entry, as the appointment was made by public advertisement, inviting candidates to appear in the interview, and upon finding the original petitioner to be suitable, he came to be appointed as a Peon, as early as, in 1980. He also continued on the same post for a period upto 31st August, 1985. It is, therefore, apparent from the record that the original petitioner came to be appointed by the original Respondent No.3-Vikas Education Trust on 1.7.1980 and that too after observing and following the requisite procedure then in force. He continued to work till August, 1985 and, thereafter, his services came to be terminated, which is rightly found to be not legal and valid by the learned Single Judge.