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1999 Supreme(Guj) 623

R.K.ABICHANDANI
PURSHOTTAMBHAI R. KACHHADIA – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.J.NANAVATI, P.M.RAVAL, V.M.PANCHOLI

R. K. ABICHANDANI, J.

( 1 ) BOTH these petitions raise common questions and have been argued together.

( 2 ) THE petitioner in Special Civil Application No. 5328 of 1987 challenges the order dated 28th Sept. 1987 at Annexure "c" to the petition, passed by the Deputy Executive Engineer, Building and Communications, Sub-Division No. II, Junagadh District Panchayat, terminating his services with effect from 31st October, 1987. A declaration is sought that the artificial breaks in the petitioners service were illegal and unconstitutional. A direction is also sought to absorb the petitioner permanently in service.

( 3 ) THE petitioners of Special Civil Application No. 5586 of 1987, have sought identical reliefs challenging the orders dated 28/29th Sept. 1987 of the Deputy Executive Engineer, terminating their services from 31st October, 1987.

( 4 ) THE petitioner of Special Civil Application No. 5328/87 was from time to time appointed for a fixed period of 29 days with a clear stipulation that on the expiry of 29 days, he will automatically stand relieved. Under different orders, he was appointed for a specific period for different works as work-charge employee. Admittedly, the petitione











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