IAMUDDIN M MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are employed as Talatis-cum-Mantris at different villages in the Kaira District Panchayat. They by the present petition challenge the order of the District Development Officer Kaira District Panchayat Nadiad whereby their services have been terminated without notice for their failure to pass the pre-recruitment examination described in the order as Bharti ni Pariksha

(2.) In order to appreciate the petitioners grievance it is necessary to recall the factual background which I outline as hereinbelow.

(3.) The petitioners were initially ap pointed as Talatis before April 1 1963 at which point of time the Rules namely the Gujarat Village Panchayats Secretaries (Recruitment and Conditions of Service) Rules of 1962 were in force having been passed under the Village Panchayat Act. Thereafter Gujarat Panchayats Act 1961 came into force and under the enabling provisions of the same Act vide Section 325 (8) the rules made under Village Panchayat Act were continued to the extent that they were not inconsistent with the Gujarat Panchayats Act and they were to remain in force till new rules were passed under the Gujarat Panchayats Act. This happened somewhere in 1962