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1998 Supreme(Guj) 340

S.D.PANDIT
Karansinh Amarsinh Gohel – Appellant
Versus
Gujarat STATE Road Transport Corporation – Respondent


Advocates Appeared: H.K.RATHOD, H.S.Muliya

S. D. PANDIT, J.

( 1 ) LEAVE to join Rajendrasinh Gohel as party petitioner No. 2 in this petition. Rule. Mr. Munshaw learned advocate for the respondents waives service notice of rule on behalf of the respondent.

( 2 ) THE petitioner No. 1 in this petition had joined the respondents as a labourer on 10. 2. 1958. Thereafter he was promoted to the post of driver in the year 1964 and he was serving with the respondent corporation till 13. 3. 1995. The petitioner No. 1. Karansinh amarsinh Gohel was examined by the medical authority and on 13. 3. 1995 a certificate was issued declaring him unfit for such a job in the corporation. On the strength of said certificate an order terminating the services of the petitioner No. 1 was passed on 20. 3. 1995. Before this termination order, the son of petitioner No. 1 Manoharsinh had applied under Clause 29 of the settlement for being considered for the post of conductor as per the terms of the said clause and he was selected for the said post. Thereafter he joined the respondent corporation and he is in service with the respondent corporation as a conductor.

( 3 ) AFTER the termination of service of petitioner No. 1, petitioner No. 2 applied for









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