AO/188/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 188 of 2007 With CIVIL APPLICATION No. 6872 of 2007 In APPEAL FROM ORDER No. 188 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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 ========================================================= AHMEDABAD MUNICIPAL CORP. THRO' THE OFFICER & 1 - Appellant(s) Versus SHAKJIBHAI.N.SINGHADA & 12 - Respondent(s) ========================================================= Appearance : MR SN SHELAT WITH MR MG NAGARKAR for Appellant(s) : 1 - 2. MR YN OZA WITH MS SRUSHTI A THULA for Respondent(s) : 1 - 13. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. Heard Shri S.N.Shelat, learned Senior Advocate with Mr.M.G.Nagarkar, learned advocate appearing on AO/188/2007 2/4 JUDGMENT behalf of the appellants and Shri Y.N.Oza, learned Senior Advocate with Ms.Srushti A.Thula, learned advocate appearing on behalf of the respondents. 2. By way of present appeal from order, the appellants-original defendants Ahmedabad Municipal Corporation and another have prayed for quashing and setting aside the impugned order dated 17.10.2006 passed by the learned City Civil Judge (Auxi.), Court No.10, Ahmedabad passed in Civil Suit No.1848 of 2006 allowing the application Exh.7 restraining the appellants-original defendants from appointing the Deputy TDO/Estate Officer by way of direct recruitment on the strength of the public advertisement dated 5.9.2006 published in Daily Newspaper. 3. It appears that it was the case on behalf of the plaintiffs that the appellant Corporation has never filled the post of Deputy TDO/Estate Officer by direct recruitment and the post of Deputy TDO/Estate Officer was required to be filled up only by way of promotion and in spite of that the Corporation published an advertisement in Daily Newspaper `Sandesh' on 5.9.2006 inviting the applications for the aforesaid post. The learned Judge granted the application Exh.7 granting the injunction as stated hereinabove by observing that there are no rules of recruitment filling up of the post of Deputy TDO/Estate Officer by direct recruitment. AO/188/2007 3/4 JUDGMENT 3.1 Being aggrieved and dissatisfied with the order passed below Exh.7 dated 17.10.2006 passed in Civil Suit No.1848 of 2006 by the learned City Civil Judge (Auxi.), Court No.10, Ahmedabad, the appellants-original defendants have preferred present appeal from order and the civil application for interim relief therein. 4. Today when the appeal from order is heard, Shri S.N.Shelat, learned Senior Advocate appearing for the Corporation submitted that now the rules for recruitment to the post of Deputy TDO/Estate Officer has been amended and as per the amended recruitment rules, 67% posts are required to be filled up by promotion and 33% posts are required to be filled up by direct recruitment. He has placed on record the amended recruitment rules which is directed to be taken on record. It is submitted that in view of the above as such the suit itself would not survive and in fact the original plaintiffs were to withdraw the suit itself. 5. Shri Y.N.Oza, learned Senior Advocate appearing on behalf of the respondents-original plaintiffs has submitted that as one of the plaintiff is abroad, the suit could not be withdrawn. Be that it may, the fact remains now that the rules for recruitment to the post of Deputy TDO/Estate Officer has been amended and 67% posts are required to be filled up by promotion and 33% posts are required to be filled up by direct recruitment, and therefore, AO/188/2007 4/4 JUDGMENT now the appellants are to be permitted to fill up the posts of Deputy TDO/Estate Officer as per amended recruitment rules by giving public advertisement inviting the applications, and in view of the subsequent development, the injunction granted by the trial court is required to be vacated by permitting the appellants to fill up the post of Deputy TDO/Estate Officer as per the amended recruitment rules. The aforesaid is not disputed by the learned counsel appearing on behalf of the respondents- original plaintiffs. 6. In view of the above, the impugned order passed by the learned City Civil Judge (Auxi.), Court No.10, Ahmedabad dated 17.10.2006 passed below Exh.7 in Civil Suit No.1848 of 2006 is hereby quashed and set aside and the appellants-original defendants are permitted to fill up the posts of Deputy TDO/Estate Officer as per the amended recruitment rules by giving public advertisement in accordance with law. 7. Appeal from Order is allowed to the aforesaid extent. 8. In view of disposal of appeal from order, no order in civil application. ( M.R. SHAH, J. ) syed/