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LPA/310/2003 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 310 of 2003
In
SPECIAL
CIVIL APPLICATION No. 9813 of 2000
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE KS JHAVERI
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
BARAD
RANJITSING DOLATSING - Appellant
Versus
SECTION
OFFICER & 2 - Respondents
======================================
Appearance
:
MR PANCHAL
FOR MR
PRAKASH K JANI for Appellant.
MS SHRUTI PATHAK, AGP for Respondent
Nos.1 - 2.
RULE SERVED for Respondent
No.3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/10/2011
ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
By
way of this Intra-Court Letters Patent Appeal, the appellant –
original petitioner has challenged the judgment and order dated
20.09.2002 passed by the Learned Single Judge in Special Civil
Application No.9813 of 2000 whereby the Learned Single Judge has
dismissed the writ petition filed by the appellant.
2. Heard
learned counsel Mr. Panchal for the appellant.
3. The
facts of the case are that on 23.08.1973, the State Government issued
a Resolution whereby certain teachers working in Ashram Shalas in the
Districts where District Education Committees existed, were given a
right to be absorbed as teachers under the District Panchayats.
Subsequently, the State Government issued another Government
Resolution dated 22.12.1999 whereby the rights conferred by G.R.
Dated 23.08.1973 were revoked. The appellant submitted an
application for being absorbed as teacher on 23.12.1999, i.e. on the
day after the right of absorption was revoked by the G.R. Dated
22.12.1999.
4. While
dismissing the writ petition filed by the appellant, the Learned
Single Judge has given specific findings in paragraphs 4 & 5 of
the impugned judgment and order. We are in agreement with the view
taken by the Learned
Single Judge. The present Letters Patent Appeal is devoid of any
merits and is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[K. S. JHAVERI, J.]
Savariya
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