STATE OF GUJARAT Vs. HITESHKUMAR BHARATBHAI VAGHELA

JUDGEMENT

(1.) The present appeal is directed against the order dated 11.01.2016, passed by the learned Single Judge in the above referred Special Civil Application, whereby the learned Singe Judge has allowed the writ petition filed by the respondent herein directing re-appointment on the post of Deputy Mamlatdar and further directed to relieve him from the post of Commercial Tax Inspector.

(2.) The brief facts necessary for considering the issue involved are as under:

(3.) Mr.Utkarsh Sharma, learned Assistant Government Pleader for the appellant-State authorities has stated that the learned Single Judge erred in not considering the policy of the State Government, more particularily, the Circular dated 21.11.2014, which clearly restricts re-appointment in its true perspective. He has submitted that the state government has issued the Circular dated 21st November 2014 laying down the procedure to be followed in case of resignation of an employee appointed on contractual basis in the fixed pay. In other words, it is the say of the appellants that once the resignation is tendered by the employee appointed on contractual basis, he cannot be reappointed without prior approval of the Revenue Department and condition no. 11 provides that once the service of a contractual employee ends, there is no provision to re-appoint him.