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LPA/1341/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1341 of 2009
In
SPECIAL
CIVIL APPLICATION No. 20587 of 2007
=========================================================
VASAVA
BHAKTIBHAI LALJIBHAI - Appellant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
VITTHALBHAI PATEL for
Appellant(s) : 1,
MR. PRANAV DAVE, AGP, for Respondent No. 1
RULE
SERVED for Respondent No. 4.
MR HS MUNSHAW for Respondent Nos. 2
& 3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 28/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the appellant. Admittedly, there is neither any
appointment order of the appellant nor any Rule which says that his
services were ever regularized and put him on the regular
establishment. The very basic fact is that there is no order of
appointment putting the appellant on the regular establishment of
the respondent Gram Panchayat, though he placed reliance on a
Resolution for appointing him and there is a general Resolution of
regular services of those employees who were appointed in a
particular period. None of these things culminated into a valid
appointment order in favour
of the appellant-petitioner because neither there is any order of
appointment or regularisation in favour of the petitioner produced or
existing. In that view of the matter, the appellant’s case for
pension cannot be countenanced. We do not see any illegality in the
order of learned Single Judge in not favouring the appellant with
favourable order. No substance in the appeal. Hence the appeal is
dismissed.
(BHAGWATI PRASAD, J)
(BANKIM N. MEHTA, J)
(pkn)
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