RUKSANABANU S THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was called out for hearing in the first round, then in the second round in the first sitting and lastly in the third round, in the second sitting but none put appearance on behalf of the petitioner. Perused the Special Civil Application and heard learned counsel for respondents.

(2.) Challenge has been made by the petitioner by this Special Civil Application to the order dated 29th December 1984, under which the petitioner was ordered to be terminated from services and Smt.Jeeravatiben G. Vasava was ordered to be appointed as administratrix of Anganvadi of Dhansera.

(3.) The petitioner was appointed on purely temporary basis as administratrix of Anganvadi of Dhansera in place of Smt.Jeeravatiben G. Vasava, who was dismissed from services. Under the order dated 29th December 1984, Smt.Jeeravatiben G. Vasava was ordered to be reinstated and as there was only one post, the petitioner's services have to be dispensed with. The petitioner was given only purely temporary appointment in place of Smt.Jeeravatiben, who was dismissed from services and when she was ordered to be reinstated back in services, the respondent had no other option except to terminate the services of the petitioner. The consequence of setting aside the aforesaid order will result in setting aside the reinstatement of Smt.Jeeravatiben. The petitioner has very conveniently not impleaded that lady as a party to this petition. Smt.Jeeravatiben was necessary party to this petition and in her absence, the relief of the nature as prayed for by the petitioner cannot be granted.