NARENDRA KUMAR KHIMJIBHAI RATHOD Vs. COMMISSIONER

JUDGEMENT

(1.) Heard learned Advocate Mr.Tolia for petitioner and Mr. Dabhi, learned AGP for Respondents. In this petition, the petitioner has challenged order dated 6.9.2006 passed by the Gujarat Higher Secondary School Services Tribunal in Application No. 262 of 2004 along with order dated 15.12.2004 passed by respondent No.4.

(2.) Learned Advocate Mr. Tolia for the petitioner has relied upon page 59, an order dated 30th June, 2006, wherein respondent School Management has declared surplus one Mr. LK Solanki who was appointed on 28.8.1989. Said order at page 59 dated 30"' June, 2006 was passed by the District Educaton Officer, Rajkot. Relying upon the aforesaid order, learned Advocate Mr Tolia submitted that the aforesaid order dated 30.6.2006 was placed on record before the Tribunal and in support, submissions were also made by the Advocate appearing for the petitioner before the Tribunal that said Mr. Solanki is junior to petitioner and yet, he has been declared surplus subsequently by order dated 30.6.2006 and, therefore, order of declaring surplus is bad.

(3.) I have considered the submissions made by the learned Advocate Mr.Tolia while perusing order dated 6th September, 2006 passed by the Tribunal. Nowhere this order dated 30.6.2006 is referred to and no such discussion has been made in the said order. There is no such submission made which is being reflected in the order in question passed by the Tribunal.