LAWS(GJH)-2017-11-59

JIVABHAI KALABHAI KAMALIYA Vs. DIRECTOR GENERAL (HOME GUARDS)

Decided On November 23, 2017
Jivabhai Kalabhai Kamaliya Appellant
V/S
Director General (Home Guards) Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. Krishnan Ghavadiya for learned advocate Mr. Murali Devnani for the petitioner. The grievance in this petition sought to be raised is in respect of the order dated 22.09.2017 passed by the District Commandant, Home Guards, Junagadh. By the said order, the petitioner is required to hand over back the charge of the post of honorary Unit Officer at Maliya Hatina, to one R.A. Bhalgaria. It is further stated in the said order that the handing over of the charge be implemented as temporary arrangement.

(2.) In addition that though the arrangement revealed in the impugned order is of temporary kind and a purely administrative exercise, learned AGP Mr. Rindani was right in pointing out that when the petitioner was handed over the charge of the said post by order dated 21.12.2015, the same was also of temporary nature. A copy of the said order dated 21.12.2015 handing over charge temporarily to the petitioner figures on record of the petition.

(3.) In the aforesaid circumstances, it is not possible to view that the grievance of the petitioner is backed by any right to continue to hold the charge, much less an enforceable right. Nor there is anything to suggest that by handing over charge to the Unit Officer, a promotional benefit was given. Nor the posting at the place carry any additional monetary benefits in salary, since it is an honorary post to which charge was given temporarily.