Harijan Paniben Dudabhai vs State Of Gujarat & Ors on 1 July, 2016
(E) In the case of Harijan Paniben (supra) also,
considering the question of appointment of
servants prior to the 1961 Act which came into
force on 1/4/1963, there was no question of a
distinction being drawn on the appointment being
on a sanctioned post or not, and therefore the
Division Bench Judgement in the case of Dahyabhai
(Supra) would, in our opinion, made a distinction
and dismissed the Petition of the employee on the
ground that the appointment was not on a
sanctioned post, would not be in consonance with
the law laid down in the case of Harijan Paniben
(supra) and the judgement of the Constitution
Bench in R.K.Soni (supra).