LABHU HARI MAKWANA Vs. MORBI MUNICIPALITY

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and perused the special civil application. Reply to the special civil application has not been filed nor anybody is present on behalf of the respondent to make the submissions.

(2.) The petitioner was appointed in the year 1970 in the office of the respondent-Municipality. He was initially appointed as a sweeper. In the year 1981, he was appointed by promotion to the post of peon. Initially he was appointed as a peon on temporary basis but that appointment continued from time to time by various orders without there being any break. However, on 1st April, 1986, he was appointed on regular basis as a peon on probation. The probation period was of three months, which the petitioner successfully completed and thereafter he was appointed on permanent basis as a peon from 1st July, 1986.

(3.) Vide resolution of the Controlling Committee of the respondent-Municipality dated 23rd Sept., 1986, it was ordered, that the resolution appointing the petitioner as peon with effect from 1st July, 1986 should be cancelled and the petitioner should be reverted to his original post. This resolution was sent for approval to the General Board and the General Board also confirmed the same on 24th Oct., 1986. Hence, this special civil application before this Court.