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SCA/3561/1992 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3561 of 1992
=========================================================
DIPIKABEN
D PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR
NIRAD BUCH FOR MR ND NANAVATI for
Petitioner(s) : 1,
MR JK SHAH AGP for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2,4 - 5.
NOTICE SERVED for
Respondent(s) : 3,
MR HARSHAD J SHAH for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/03/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has challenged the order passed
by respondent no.3 dated 30.04.1992 by which he was retrenched from
the service.
2. The
facts in brief are that the petitioner joined the services of the
respondent-Panchayat as a Talati-cum-Mantri w.e.f. 06.09.1990.
However, the petitioner was served with an order dated 30.04.1992
issued by respondent no.3 by which his services were ordered to be
terminated w.e.f. 31.05.1992. Being aggrieved by the same, the
petitioner has preferred the present petition.
3. While
admitting the matter on 25.05.1992, this Court had granted interim
relief by which the impugned order passed by respondent
no.3-authority had been stayed. Thus, by the interim order of this
Court, the petitioner has been continued in service. Looking to the
facts of the case, it would not appropriate to disturb the above
position, which has continued for almost eighteen years.
4. In
view of the above, the petition is allowed. The impugned order dated
30.04.1992 passed by the respondent-authority is quashed and set
aside. Rule is made absolute in terms of the order dated 25.05.1992
passed by this Court. It is, however, observed that the petitioner
shall be at liberty to make appropriate application to the competent
authority in the respondent-Government for regularization of his
services, which shall be considered by the concerned authority in
accordance with law. The petition stands disposed of accordingly.
[K.S.JHAVERI,
J.]
Pravin/*
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