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SCA/7712/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7712 of 2010
=========================================
KAMLESHBHAI
BHARATBHAI SHAH ADDL.ASSTT.ENGINEER - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================
Appearance :
MR
NK MAJMUDAR for
Petitioner(s) : 1,
MS MANISHA NARSINGHANI, AGP for Respondent(s) :
1 - 3.
MR ARPIT A KAPADIA for Respondent(s) : 4 -
6.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/09/2010
ORAL
ORDER
Heard
Mr.Majmudar, learned Advocate for the petitioner and learned Advocate
Mr.Kapadia for the respondent District Panchayat.
Learned
Advocate for the petitioner files rejoinder. The same is taken on
record.
2. The
petitioner is before this Court being aggrieved by order dated
22.03.2010, a copy of which is produced at page No.85, whereby the
authority District Development Officer, District Panchayat,
Bharuch did not grant prayer made by the present petitioner. The
prayer was that earlier the petitioner was serving with District
Panchayat, Panchmahals at Godhara and that period of service should
be counted in the service of the petitioner when he joined services
at District Panchayat, Bharuch at Bharuch.
3. Learned
Advocate for the petitioner was asked to point out as to whether the
initial order of appointment, a copy of which is produced at
Annexure-B, page No.35 dated 30.07.1980 mentions anywhere that,
appointment is made with an understanding that period of his service
with District Panchayat, Panchmahals at Godhara will be considered as
that of with the District Panchayat Bharuch. In absence of any such
mentioning in the appointment order, it is understood that the
appointment was a fresh appointment with District Panchayat, Bharuch
at Bharuch. District Panchayat Bharuch and District Panchayat
Panchmahals, being two independent legal entities, unless it was
specifically provided that with one District Panchayat will be
treated as services with the another District Panchayat, the
petitioner cannot ask for the same. Besides, it is too late in a day
to ask for the same.
4. In view of
the aforesaid discussion, the order passed by the District
Development Officer is found to be without any error and hence, the
petition is rejected.
(Ravi R.Tripathi, J.)
*Shitole
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