STATE OF GUJARAT Vs. RASIKLAL R BAROT

JUDGEMENT

(1.) Shri N.D.Gohel, learned AGP for the appellant. None for the respondent, the Court proposes to proceed exparte against the respondent.

(2.) The respondent - plaintiff was appointed as Peon temporarily for a period of 18 days with effect from 1.8.81 to 18.8.81 vide order dated 31.7.81 [Exh.63] in the office of the Assistant Weights & Measures Controller Office, Junagadh and continued upto 1985 on temporary basis. On 29.4.82, certain interviews to the post of Peon were held, as the respondent's name was not forwarded by the Employment Exchange, his case was not considered, but cases of others were considered and some people were appointed. The interviews were held on 29.4.82. The respondent-plaintiff filed Regular Civil Suit No. 292 of 1982 in the court of learned Civil Judge [Senior Division], Junagadh. On 8.4.85, oral order of termination of service was made, however, the suit filed by the plaintiff-respondent was decreed on 13.9.86. Being aggrieved by the above judgment and decree, the present appellant-State filed Regular Civil Appeal No. 167 of 1986 which was disposed of by the learned Extra Assistant Judge on 24.1.89. Being aggrieved by the said judgment and decree, the appellant has filed the present appeal, which has been admitted for hearing the parties on the following substantial question of law.

(3.) Whether in the facts and circumstances of the present case the lower appellate court has erred in law in holding that the plaintiff had right to appointment