LAWS(GJH)-2009-2-180

RADHANPUR MUNICIPALITY Vs. GULAM RASUL H SHAIKH

Decided On February 19, 2009
RADHANPUR MUNICIPALITY Appellant
V/S
GULAM RASUL H. SHAIKH Respondents

JUDGEMENT

(1.) THIS appeal preferred under Clause 15 of the Letters Patent arises from the order dated 8th October, 2008 made by the learned Single Judge in Civil Application no. 11771 of 2008 pending above Spl. C. A no. 10891 of 2008.

(2.) THE respondents have preferred above Special Civil Application no. 10891 of 2008 under Article 226 of the Constitution of India for a direction to the appellant Radhanpur Municipality (hereinafter referred to as "the Municipality") not to terminate the services of the respondents or to make any order changing the service conditions or the status of the respondents. By impugned order the learned single judge has granted the said relief pending the petition. Therefore, the present Appeal.

(3.) IT appears that in or around the year 1990, the Muncipality had employed the respondents as daily wage Peons. After serving as such for some years the respondents made representation to regularise their services. The Municipality by its Resolution no. 87 passed on 30th March, 1994 decided to regularise the services of the respondents as Peons in the grade of Rs. 196-232 on the terms and conditions mentioned therein. The text of the said Resolution suggests that at the relevant time no vacant post of Peon either permanent or temporary was available. Nevertheless, against the advice of the Secretary, the Municipality decided to regularise the services of the respondents. Pursuant to the said Resolution, by orders made on 31st March, 1994, service of each of the respondents was regularised as a Peon with effect from 1st April,1994. In exercise of powers conferred by Section 258 of the Gujarat Municipalities Act, 1963, the said Resolution was taken into review by the District Collector, Banaskantha. The District Collector by his order dated 12th September, 1994 held that the said Resolution no. 80 was illegal. Consequently, the District Collector set aside the said Resolution no. 80 and directed the Municipality to restore status quo ante. The said order of the District Collector was challenged before this Court in Special Civil Applications nos. 11020 of 1995 to 11023 of 1995. This Court (Coram: C. K. Thakar,j. , as he then was,) by judgment and order dated 17th June, 1995 allowed the said petitions and directed the Collector, Banaskantha to reconsider the matter after affording reasonable opportunity to the respondents. After compliance with the said direction, by order dated 14th July, 1997 the Collector, Banaskantha once again set aside the aforesaid Resolution no. 80. He further directed the Municipality to fill in the vacant posts of Peon by regular recruitment. The said order was challenged before this Court in Special Civil Applications nos. 6132 of 1997, 6705 of 1997 and 6998 of 1997. The said petitions came to be rejected by order dated 14th October, 1997 by this Court (Coram: N. N. Mathur, J. ). Once again, in clear defiance of the order made by the Collector and confirmed by the High Court, the Municipality by its Resolution no. 106 passed on 16th December, 1997 appointed the respondents on newly sanctioned posts of Peons in the grade of Rs. 750-940. The said Resolution no. 106 was also taken into review. The Collector, Patan, by order dated 2nd April, 1998, directed the Municipality not to implement the said Resolution no. 106. Nevertheless, by Resolution no. 185 passed on 14th November, 1998, the Muncipality resolved to continue the respondents in service as Peons. By further Resolution no. 33 passed on 14th August, 2001, the Municipality decided to confirm the appointment of the respondents with effect from 1st December, 1997 and to extend them the benefit of revision of payscle with effect from 1st January, 1996.