STATE OF GUJARAT Vs. ASHOKKUMAR V PAREKH

JUDGEMENT

(1.) Present appeal is filed by the State of Gujarat as well as by its Archaeological Director by invoking provisions of Section 96 of the Civil Procedure Code, by which the judgement and decree passed by learned Judge, City Civil Court No.11, Ahmedabad dated 24th November, 1992 is challenged. By the impugned judgement and decree, learned trial Judge has decreed the suit filed by present respondents being Civil Suit No.1352/1987. Learned Judge while decreeing the suit of the plaintiffs has ruled that the plaintiffs are the employees of State of Gujarat as they are working under Archaeological Department and the employees working under the Registering office under the Central Plan Scheme are the employees of the Central Government and both the cadres are different and on that basis circular issued by the State Government dated 12-3-1987 is set at naught. Learned trial Judge has also granted permanent injunction restraining the State Government as well as the Archaeological Department from proceeding in any manner on the basis of the said circular, which was issued by original defendant no.2.

(2.) Facts leading to the present controversy are as under :

(3.) By filing aforesaid suit, respondents no.1 to 4 herein have prayed for a declaration to the effect that they are State Government employees and that employees serving under the Registering Department are the employees under the control of the Central Government, as they are working under the scheme run by the Central Government. The case of the original plaintiffs is that seniority of the plaintiffs is different from that of the employees of Registering Department and inspite of that, defendant no.2 (appellant no.2 herein) issued a circular dated 12-3-1987 by which employees of the Registering Department are also treated to be the employees of the Archaeological Department.