(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1 We have heard Mr. Deepak P Sanchela, learned Advocate for appellant, Ms. Jirga Jhaveri, learned AGP for respondents No.1, 2 and 3 and Mr. Prabhakar Upadyay, learned Advocate for respondent No.4.
2 The present appeal has been filed by the appellant – Karamsad Municipality challenging the Order dated 8.9.2011 passed by the learned Single Judge in Special Civil Application No. 13446 of 2011 by which the learned Single Judge has dismissed the writ petition on the ground that as many as 91 sanctioned posts exists in the appellant – Municipality in the year 2009, against which only 16 persons were appointed by the Municipality on contract basis. The learned Single has also observed that these 16 persons were appointed without following the due procedure for appointment. Therefore, the appointments of 16 persons were also cancelled.
3 Mr. Deepak P. Sanchela, learned Advocate appearing for the appellant has brought to the notice of the Court that a proposal was sent by the appellant- Municipality to the respondent No.2–Director of Municipality for filling up of 91 posts which is pending with the respondent No.2 .He further submitted that as on 23.11.2011 there are 61 sanctioned posts which can be filled up by the appellant– Municipality. It is open to the Municipality to fill up the posts after following the due process of law for permanent appointments.
4. We do not find any illegality in the impugned order passed by the learned Single Judge which warrants interference of this Bench. Hence, the appeal stands disposed of with the aforesaid observations. No order as to costs.
5 In view of the order passed in main appeal, Civil Application No. 11020 of 2011 also stands disposed of accordingly.
(V.M. SAHAI, J.) (A.J. DESAI, J.) pnnair