NARESH RAGHUVIR RAJPUT Vs. STATE  OF  GUJARAT

JUDGEMENT

(1.) Heard Shri Vishal Patel, learned Advocate appearing on behalf of the appellants herein - original petitioners and Shri Kamal Trivedi, learned Advocate General appearing on behalf of the respondent No.3 - Ahmedabad Municipal Corporation.

(2.) At the outset it is required to be noted that the dispute is with respect to the post of Deputy Commissioners in the Ahmedabad Municipal Corporation. Shri Trivedi, learned Counsel appearing on behalf of the respondent Corporation has stated at the Bar that the Corporation is desirous / inclined to fill up all the remaining 8 vacant posts of Deputy Commissioner in the Ahmedabad Municipal Corporation as per the Rules framed in exercise of powers conferred by Rule 3 of Chapter III of Schedule A to the Gujarat Provincial Municipal Corporation Act, 1949 read with Section 454(1) of the Gujarat Provincial Municipal Corporation Act, 1949, approved by the Standing Committee of the Corporation vide Resolution No.1158 dated 27.11.2008 and which also came to be further approved by the General Body of the respondent Corporation vide Resolution bearing No.1324 dated 17.12.2008 which also came to be subsequently sanctioned by the State Government vide Resolution bearing No.AMN/102008/6610/P dated 02.02.2009. He has also stated at the Bar that for the aforesaid, subject to further approval by this Court, the respondent Corporation is desirous to give advertisement inviting the applications from the eligible candidates within a period of 10 days from today so that the post of Deputy Commissioner can be filled in as early as possible and the administration and management of the Corporation may not further suffer. Shri Trivedi, learned Counsel appearing on behalf of the Corporation has stated that however there are few litigations pending before this Court by and large all initiated by the present appellants being Special Civil Application Nos.16706/2012, 11239/2013, 11163/2016 and 10979/2017. It is submitted that except Special Civil Application No.10979/2017, all other Special Civil Applications may come up for hearing before the learned Single Jude and Special Civil Application No.10979/2017 shall be listed before the Hon'ble the First Court. Shri Trivedi, learned Counsel appearing on behalf of the respondent Corporation as well as Shri Vishal Patel, learned Advocate appearing on behalf of the original petitioners have, therefore, requested that it will be appropriate that all the aforesaid petitions are required to be heard alongwith the present Letters Patent Appeals by one Court so as to avoid any further conflicting orders. We are also of the opinion that it will be in the fitness of things that all the aforesaid proceedings are heard by one Court so as to avoid any futher conflicting orders and further effective orders can be passed in the present Letters Patent Appeal.

(3.) Under the circumstances, stand over to 29.01.2018. In the meantime, learned Counsel appearing on behalf of the respective parties to file a note before the Registry so that appropriate order on administrative side be passed by Hon'ble The Chief Justice for placing all the matters together to be heard by one Court.