SOLANKI VINUBHAI GABABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition under Article 226 of the Constitution of India seeking issuance of writ of mandamus or any other writ, order or direction for quashing and setting aside the order dated 1.1.1987 passed by the respondent No.2, whereunder, the petitioner's appointment as Pracharak was discontinued on completion of two years.

(2.) This Court (Coram: R.K.Abichandani, J.)(as he then was) vide order dated 26.12.1990 was pleased to issue Rule and admit the matter and it was ordered to be heard with Special Civil Application Nos. 3585 of 1987 and 5415 of 1987. There were other matters of similar nature, which were dispose of. However, this matter was left out and therefore, it had remained to be decided. Ms. Brahmbhatt, learned counsel for the petitioner has submitted that the case of the petitioner is slight different then other persons because in case of present petitioner, no interim relief was granted to the petitioner and his services were terminated and in case of others, their services were protected and they continued in service. Ms. Brahmbhatt further submits that State had preferred Letters Patent Appeal, which came to be disposed of by the Division Bench of this Court (Coram: G.S.Singhvi & A.S.Dave, JJ..) vide judgment and order dated 6.10.2005.

(3.) The present petitioner is not similarly situated as in his case, services had already been terminated. However, as submitted by Ms. Brahmbhatt, learned counsel for the petitioner, he be given liberty to approach the respondent Nos. 1 and 2 with representation seeking similar treatment and benefits under the Scheme, which is devices so far as de-existing Pracharaks are concerned.