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2012 Supreme(Guj) 655

V.M.SAHAI, G.B.SHAH
Tourism Corporation of Gujarat – Appellant
Versus
V. K Dharia – Respondent


Advocates Appeared:
For the Appellant :Mr. Nagesh C Sood, Advocate.
For the Respondent:Mr. Hemant B. Raval, Advocates.

JUDGMENT :

G.B. Shah, J.

We have heard the learned counsel for the parties.

In this appeal the orders dated 11.5.2012 passed by the learned Single Judge in Special Civil Application No.6360 and 6361 of 2001 are challenged. As the disputes involved in these appeals are identical and the facts are also same, these appeals are disposed of by this common judgment.

2. The respondents-original petitioners were serving in Sasan Gir Forest Lodge owned by India Tourism Development Corporation-original respondent No.2. The respondent in LPA No.1307 of 2012, V.K. Dharia was appointed vide order dated 1.5.1980 to the post of Chowkidar and respondent in LPA No. 1308, Khamish Noor Mohmad Katiya was appointed to the post of Gardener in the Sasan Gir Forest. When the appellant took over the management from original respondent No.2, no option was given by the respondents and the services of all employees were continued and treated as continuous service. No fresh appointment orders were issued nor any interviews were held and the respondents were absorbed under the appellant-Tourism Corporation of Gujarat and their services were treated as continuous service which as resolved in the meeting of the Board

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