LPA/1346/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1346 of 2008 In SPECIAL CIVIL APPLICATION No. 13391 of 2007 With CIVIL APPLICATION No. 13192 of 2008 In LETTERS PATENT APPEAL No. 1346 of 2008 In SPECIAL CIVIL APPLICATION No. 13391 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 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 ? 5 Whether it is to be circulated to civil judge ? ========================================================= NITINSINH PARBATSINH RAOL - Appellant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR GUNVANT R THAKAR for Appellant(s) : 1, MS TRUSHA PATEL, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 11/12/2008 LPA/1346/2008 2/4 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Heard the learned advocates. The appellant, a peon-cum-driver, appointed under the Mamlatdar, Mansa has preferred the present appeal under Clause 15 of the Letters Patent against the judgment and order dated 4th December, 2007 passed by the learned Single Judge in above Special Civil Application No.13391 of 2007. In the year 1998, on creation of a post of Mamlatdar, Mansa, District: Gandhinagar, a post of peon-cum-driver was sanctioned. However, as no appointment of peon-cum-driver was made, the Mamlatdar proposed to appoint the appellant as peon- cum-driver on temporary basis. Pursuant to the said proposal, by order dated 12th October, 1998, made by the District Collector, Gandhinagar, the appellant was appointed as peon-cum-driver on the terms and conditions contained in the order. The said appointment was made temporarily, by stop gap arrangement, on daily wages. The employment was LPA/1346/2008 3/4 JUDGMENT terminable without notice. Apprehending termination of his service, the appellant approached this Court in Special Civil Application No.2794 of 2000. Pending the petition service of the appellant was protected. By judgment and order dated 25th July, 2005 passed by this Court [Coram: Mr. K.S.Jhaveri, J.] the said petition was allowed with the direction that, “the respondent authority is directed not to relieve the petitioner from his duties till a regular appointment is done on the said post.” Since the said order, by order dated 14th May, 2007, made by the Resident Deputy Collector, one Shri H.C.Thaker, a peon-cum-driver, has been appointed on the post sanctioned in the office of the Mamlatdar, Mansa by transfer. In view of the said appointment of said Shri H.C.Thaker, the service of the appellant has been terminated. Feeling aggrieved, the appellant preferred the above Special Civil Application No.13391 of 2007. The learned Single Judge has dismissed the petition. Therefore, the present appeal. LPA/1346/2008 4/4 JUDGMENT It is admitted that the appointment of the appellant was made temporarily, by local arrangement, without following due procedure. The said appointment did not confer right to employment upon the appellant. The service of the appellant has been terminated in consonance with the terms and conditions of his appointment. No case for interference is made out. The appeal is dismissed in limine. Civil Application stands disposed of. [Ms. R.M.Doshit, J.] [K.M.Thaker, J.] kdc