KAZI H DOSUMIYAN Vs. DHOLKA NAGARPALIKA

JUDGEMENT

(1.) THE petitioner was appointed as Naka Karkun as a daily wager by the respondent Nagar Palika. He has moved this petition seeking regularization and permanency on the post of Naka Karkun in the Octroi Department. Additionally, he has prayed for consequential benefits. It appears that he was discontinued from service before filing of petition as the budget for the year 1990-91 was not passed and, therefore, he sought relief of reinstatement. It, however, appears that subsequently he came to be reinstated as a daily wager.

(2.) DESPITE three calls, no one appears for the petitioner.

(3.) LEARNED advocate Mr. Oza for the Municipality states that the petitioner has retired with effect from 16. 10. 2005. He has drawn our attention to the affidavit-in-reply where it has been categorically stated that the appointment of the petitioner was not made after following requisite procedure. He has relied on the decision in the case of Secretary, State of Karnataka V/s Uma Devi, reported in (2006) 4 SCC 1. Therefore, relief of regularization cannot be legally claimed or granted.