Judgment

TARUN CHATTERJEE, J.—

1.Leave granted.

2.This appeal is directed against the judgment and order dated 5th of July, 2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad affirming the order of the learned Single Judge holding that the appointment of the appellant as an Assistant Manager in Ahmedabad Municipal Corporation [for short the Corporation] was bad, illegal and invalid and accordingly, liable to be quashed.

3.Before we deal with the question raised before us, we may narrate the facts involved in the present case leading to the filing of this appeal.

4.The appellant was appointed as an X-Ray Technician in Beherampura Referral Hospital, run under the supervision and control of the Corporation on 1st of February, 1988. In the Referral Hospital, there was no post of clerks since 1983. Since 1984, the appellant, apart from discharging his duty as an X-ray Technician was also, regularly and compulsorily, carrying out the clerical and administrative work connected therewith. According to the appellant, the administrative activities carried out by him, inter alia, included:

[i]taking X-ray of the patients;

[ii]collecting fees for X-ray;

[iii]entering the amount