PATEL MAHENDRAKUMAR MAGANLAL Vs. SAIJPUR BOGHA MUNICIPALITY

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners. The Counsel for the petitioners is unable to let to know this Court as to what ultimately happened to the Civil Suit No. 53 of 1983. The petitioners filed this petition before this Court wherein the prayer made that respondents No. 1 and 2 be directed to allow them to join the duties forthwith as per the appointment letter. The prayer for interim relief has also been made. Thereafter further prayers have been made that respondent No. 3 be directed that the hearing of the said application made in Regular Civil Suit No. 53 of 1983 be pre-emptorily heard and the matter be decided urgently. Further, prayers have been made that the judgment and decree passed in said Regular Civil Suit No. 53 of 1983 on 30th December 1983 be declared to be not binding on the petitioners and further prayed for issuance of injunction from enforcing the judgment and decree dated 30th December 1983.

(2.) First of all, I constrain to observe that the petitioners have not correctly stated the facts in the petition. In Civil Suit No. 53 of 1983 no decree has been passed. The prayer which has been made in the petition by the petitioners is selfcontradictory. In case the decree would have been passed in Civil Suit No. 53 of 1983 then there was no occasion for the petitioners to make prayer as made in prayer clause B-1. Be that as it may, I may proceed with the merits of the case.

(3.) The petitioners were selected for the post of clerks by Selection Committee and on the recommendations of the Selection Committee they were issued appointment letters dated 30th December 1982. After receipt of the appointment letters the petitioners presented themselves before respondents No. 1 and 2 for joining their services, but they were not allowed to join service on the ground that this Court has granted stay order regarding appointments. On enquiry being made by the petitioners they have come to know that one Kalidas Nathabhai Rathod with other persons had filed Special Civil Application No. 5606 of 1982 before this Court challenging the appointments on 16 additional posts created. On 31st December 1982 this Court was pleased to issue notice to the respondents in the aforesaid Special Civil Application and interim relief has also been granted restraining the respondents from making any appointment on additional 16 posts. On contest of the aforesaid petition by the respondents ultimately on 28th January 1983 the petitioner therein sought permission of the Court for withdrawal of the petition which was granted. The writ petition was dismissed as withdrawn and ad interim relief was vacated. After withdrawing the said petition and vacation of the interim stay the respondents would have allowed the petitioners to join duties, but they were not allowed to join on one or the other pretext. The petitioners worried about their services. They remained with no option but to approach this Court and they are before this Court by this petition.