R C GAJJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these petitions common Petition challenging the order dt. 12-9-1994 passed by the Collector, Banaskantha, the respondent No. 2, etc. questions of fact and law arise for determination of this Court and it will be proper to dispose them of by a common judgment.

(2.) The petitioners are employees of Radhanpur Municipality-Respondent No. 3 herein. According to them, they were initially appointed as daily wagers and then made permanent by passing necessary resolution. Collector, Banaskantha, respondent No. 2 herein, in purported exercise of powers under Section 258 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as the Act) suspended the said resolution by an order dtd. September 12, 1994 and directed to restore status quo ante. Against the action, the petitioners have filed these petitions.

(3.) All the petitions came to be admitted by this Court by an order dtd. 17-9-1994. Interim relief was also granted. Today when the matters were called out for hearing a number of contentions have been raised by the learned Counsel for the petitioners. It is, however, not necessary to deal with all these contentions since on a short ground the petitions can be disposed of. It is not disputed even by the learned Counsel for the respondents that the petitioners came to be apppointed and were in service when the impugned action was taken by respondent No. 2 and when he passed the impugned order under Section 258 of the Act.