Gujarat High Court
Rajkot Municipal Corporation vs Darshan Badrayan Joshi on 29 August, 2018
Author: Mohinder Pal
Bench: Mohinder Pal
C/SCA/13825/2008 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION NO. 1 of 2018
IN
R/SPECIAL CIVIL APPLICATION NO. 13825 of 2008
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DARSHAN BADRAYAN JOSHI Versus RAJKOT MUNICIPAL CORPORATION ========================================================== Appearance:
MR GM JOSHI for the PETITIONER(s) No. MR HS MUNSHAW for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE MOHINDER PAL Date : 29/08/2018 IA ORDER
1. Present is an application seeking permission to appear in the interview i.e. going to be held on 15.09.2018, pursuant to the advertisement issued by the respondent-Corporation for the post of Swimming Coach.
2. Learned counsel for the applicant has submitted that earlier service of the applicant was terminated and the matter regarding termination is pending before the Labour Court.
In proceeding pending before the Labour Court, he has been awarded benefits of 17(B) as an interim relief. It has been submitted that since his dispute is pending and he is getting benefits of 17(B), he should be allowed to participate in the Page 1 of 2 Downloaded on : Wed Jul 31 23:55:39 IST 2019 C/SCA/13825/2008 IA ORDER interview for the said post.
3. The arguments raised by the learned counsel has been controverted by the other side on the ground that the applicant does not fulfill condition No.1 of the advertisement as he is not an employee of the regular or permanent set up of the Corporation.
4. Keeping this argument open, respondents are directed to permit the applicant to appear in the interview and in the process of selection. The selection, if any, shall be subject to the final out come of this petition. Direct service is permitted.
(MOHINDER PAL, J.) PALAK Page 2 of 2 Downloaded on : Wed Jul 31 23:55:39 IST 2019