NIMISHBHAI G BRAHMBHATT Vs. NADIAD MUNICIPALITY

JUDGEMENT

(1.) The petitioners who are the employees of the respondent Nadiad Municipality under the orders dated 1 6/03/1995 and 2 9/04/1995 were given promotion on the next higher posts and posted at different places. This decision of the respondent No.1 was taken by the respondents No. 5 and 7 to the District Collector, Kheda by filing an application under section 258 of the Gujarat Municipalities Act, 1963.

(2.) Under the impugned order, the District Collector held that these promotions and postings of the petitioners are contrary to relevant service rules of the respondent No.1 and consequently these orders have been quashed and set aside. Hence, this special civil application before this Court.

(3.) Learned counsel for the petitioners contended that in these matters i.e. the service matters, the respondent-Collector has no jurisdiction to interfere with the decision of the respondent NO.1 under section 258 of the Gujarat Municipalities Act, 1963. The counsel for the petitioners has read before this court the relevant provisions of section 258 of the aforesaid Act. It has next been contended that these appointments have been given in accordance with the services rules as prevalent and on the basis of seniority to which no exception can be taken.