MAKWANA PURSHOTTAMBHAI GANESHBHAI Vs. STATE OF GUJRAT

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of the judgment and order passed in special Civil Application No. 8725/1999 on 13th April, 2004. The appellant, who was the petitioner in the said petition, was one of the selectees in the select-list prepared by the respondent-authorities on 2nd July, 1992, pursuant to the advertisement dated 28th February, 1991 for 32 posts of Talati-cm-Mantri in sabarkantha District. The name of the appellant figured at serial No. 26 in the said select-list. The select-list was supposed to remain operative for a period of one year initially. However, the operation period came to be extended till 30th June, 1997. However, as the appellant was not given appointment, he moved the said petition in 1999, seeking following reliefs:-

(2.) BEFORE the appellant moved the petition, another selectee, namely, Dodia dilipsinh Prabhatsinh, whose name figured at serial No. 16 in the said select-list, preferred Special Civil Application No. 7323/1997 and prayed for issuance of direction to the respondents to exhaust the said select-list and to keep it alive till the new select-list is prepared. The said petition was disposed of by judgment dated 30th june, 1999 whereby respondent No. 1 was directed to consider the case of the said petitioner, whose name figured in the select-list, for giving appointment on the post of Secretary, Gram Panchayat. It was observed by the learned Single Judge that the appointment may not be denied to the said petitioner only on the ground of there being a ban on fresh recruitment by the finance Department and that necessary orders of appointment be made within a period of one month from the date of receipt of the writ of the order.

(3.) LEARNED Advocate Mr. R. C. Jani appears for the appellant, learned Advocate mr. Manish J. Patel appears for the panchayat-authority and learned A. G. P. Mr. Neeraj Soni appears for the State.