MAHESHBHAI RAMAJIBHAI RATHOD Vs. STATE OF GUJARAT
LAWS(GJH)-2015-1-146
HIGH COURT OF GUJARAT
Decided on January 07,2015

Maheshbhai Ramajibhai Rathod Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

K.S.JHAVERI, J. - (1.)By way of present appeal under Clause 15 of the Letters Patent, the appellant original petitioner has challenged the legality and validity of the order dated 18/6/2012 passed by the learned Single Judge while dealing with Special Civil Application No. 7834 of 2011, whereby the learned Single Judge has dismissed the petition without giving any direction to consider the petitioner's application and to allow him plot as per the erstwhile policy.
(2.)Brief facts of the present appeal are that the petitioner was appointed as daily wage clerk in the Road & Building Department, i.e. respondent no. 1. Subsequently, w.e.f. August, 1982, his service was converted into work charge clerk vide order dated 3.3.1999 and then w.e.f. 2.2.2001, the service of the petitioner was designated as temporary swagat clerk.
2.1 In the year 1988, the Government had introduced a scheme for allotment of plots to the employees at concessional rate. According to Clause 2.3(d) of the said Government Resolution, under which, the scheme came to be introduced, a person, who had completed five years service as a Government employee on the date of application and who was not alloted any plot in his name or in the name of his spouse or dependents was considered eligible for allotment of plot under the said scheme. At the relevant time, he did not apply because his service was not regularized when the scheme was introduced and was in operation. He has made an application for allotment of plot on 4/3/1999 i.e. after his service was regularized vide order dated 3.3.1999.

2.3 On 18/11/2009, the appellant had made a request to respondent that since he had already completed more than 5 years service as a regular employee, in the set of circumstances, it is necessary to grant the concessional rate plot by accommodating him in the old policy. On 7/12/2009, respondent no. 1, without applying any mind had rejected the application of the appellant. Again the appellant had made a request vide letter dated 5/2/2010 requesting the respondents that the resolution dated 28/6/1988 is still existing. However, his request was again turned down by the respondent.

2.4 Therefore, the appellant preferred the writ petition. The same is dismissed by the learned Single Judge vide order dated 18/6/2012 confirming the order of respondent no. 1 of rejecting application for concessional rate plot allotment. Hence, this appeal.

(3.)The petitioner's prayer before the learned Single Judge was to consider his case for allotment of plot at the concessional rate pursuant to Government Policy dated 28/6/1988.


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