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SCA/9884/2010 2/ 2 ORDER

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL

CIVIL APPLICATION No. 9884 of 2010

======================================

CHAUHAN

JITUBHAI BHAGVANSANG & 22 - Petitioners

Versus

GUJARAT

WATER SUPPLY AND SEWERAGE BOARD & 2 - Respondents

====================================== Appearance :

MR

TR MISHRA for the Petitioners. MR HS MUNSHAW for Respondent(s) : 1,

NOTICE SERVED BY DS for Respondent(s) : 2 -

3.

======================================

CORAM

:

HONOURABLE

MR.JUSTICE M.R. SHAH

Date

: 29/09/2010

ORAL

ORDER

1. Mr.T.R.Mishra, learned advocate appearing on behalf of the petitioners has submitted that it is an apprehension on the part of the petitioners that their services are likely to be terminated without following due procedure of law. It is submitted that such apprehension is based on some communication from the office of the Executive Engineer, Surat dated 28/07/2010.

2. Mr.H.S.Munshaw, learned advocate appearing on behalf of the respondents relying upon the affidavit-in-reply has stated at the bar that at present the apprehension on the part of the petitioners is not well founded and termination of services of the petitioners are not under contemplation at this stage. He has also stated at the bar that as and when there is any occasion to terminate the services of the petitioners, the same shall be done after following due procedure of law.

3. Mr.Mishra,

learned advocate appearing on behalf of the petitioners has submitted that considering the fact that the petitioners were working since long, if any action is proposed to terminate the services of the petitioners, an advance intimation be given to the respective petitioners so that if the respective petitioners are aggrieved by such action, the same can be challenged before an Appropriate Forum.

4. In

view of the above categorical statement made by Mr.Munshaw, learned advocate appearing on behalf of the respondents to the effect that at present no action of terminating the services of the petitioners is under contemplation and as and when any action is taken to terminate the services of the petitioners, the same shall be done after following due procedure of law. No further order is required to be passed except to direct the respondents to act as per the statement made hereinabove and with further direction that if any action is taken to terminate the services of the petitioners after following due procedure of law, in that case, the same shall be done with prior intimation of at least one week to the petitioners so that if the petitioners are aggrieved by such action, the same can be challenged before appropriate Forum.

With

this, the present petition is disposed of. Notice is discharged. Ad-interim relief, if any, stands vacated forthwith. No costs.

[M.R.SHAH,J]

*dipti

   

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