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1974 Supreme(Guj) 37

B.K.MEHTA, J.B.MEHTA
S. Dayal – Appellant
Versus
Ambalal Kuberdas Patel – Respondent


Advocates:
D.V. Shah with S.T. Zumkhavala, for Appellants; N.H. Bhatt, for Respondent.

Judgement

J. B. MEHTA, J. :- The District Development Officer and the Ahmedabad District Panchayat, hereinafter referred to as 'the Panchayat', have filed this appeal as the learned Single Judge quashed the order of the District Development Officer removing the petitioner on August 21, 1971, and gave a declaration that he continued in service and was entitled to all emoluments and other benefits arising from his said appointment. The respondent originally joined service as a clerk in July 15, 1941, and thereafter he was made Assistant Accountant in the Ahmedabad District School Board from December 2, 1961. The Gujarat Panchayats Act, 1961, hereinafter referred to as 'the Panchayat Act' came into force from April 1, 1963 under which the Ahmedabad District School Board was dissolved. Therefore, the petitioner was allocated to the District Panchayat from August 1, 1963, by the order, dated July 8, 1966, The D.D.O. transferred the petitioner to Agricultural branch under the District Panchayat and that too as senior clerk in the lower grade of Rs. 145-8-185 although his pay scale as Assistant Accountant in the school board was Rs. 145-8-185-10-195. The petitioner therefore filed Special


















































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