STATE OF GUJARAT Vs. MAKARANI JANMAHMAD ISMAIL

JUDGEMENT

(1.) The appellant State, by way of filing present Second Appeal under Sec.100 of the Code of Civil Procedure, 1908, has challenged the legality, validity and propriety of the judgment and decree dtd.31/12/1998 passed by the learned District Judge, Junagadh in Regular Civil Appeal No.3 of 1993, whereby the learned District Judge has dismissed the appeal confirming the judgment and decree dtd.8/5/1992, passed by the learned Civil Judge (S.D.) in Regular Civil Suit No.386 of 1989, whereupon correction made by the State Government pursuant to the representation made by the original plaintiff in view of the orders passed by the Mamlatdar and Collector Exh.Nos.29 and 30, respectively, were declared to be null and void and the original plaintiff respondent herein, was allowed to continue in service from 30/6/1989 and he was granted back wages for the period between 1/10/1987 to 30/6/1989.

(2.) Short facts for disposal of the present appeal are that the respondent was appointed as part-time Kotwal in 1959, and as he was appointed as part time Kotval, there was no question of entering the date of birth of the appellant. However, in 1979, in view of the orders passed by the Government, the services of the respondent was regularized as full time employee in class-IV cadre and since then, the respondent was in service.

(3.) The respondent challenged the action of the appellant State seeking him to retire by telephonic message and the action of the appellant of treating the respondent as full-time Kotval since 1979 only. According to the case of the respondent, his services should considered continuous from 1959 i.e from the date of his appointment and is entitled to the retiral benefits accordingly. According to the respondent, the appellant did not sent the respondent before the Civil Surgeon for verification of the age of the respondent.