K S UPADHAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal which has come up by special leave is of such a small dimension that after a preliminary explanation of the case and a consideration of the relevant calendar of events, we thought that a just order would be as we propose to make below.

(2.) We put the suggestions to counsel on both sides and they agreed that it was fair in the circumstances of the case. But, instead of resting it on consent of parties, we pass the following order because we consider that it comports with law and justice in this case.

(3.) The appellant was a Police Sub-Inspector in the State of Junagadh long years ago where he was later confirmed. However) when he was absorbed into the regular service in the State of Saurashtra, he was admittedly treated as a temporary and officiating Police Sub-Inspector. While so functioning, he was reverted to the post of Head Constable, 1st grade by the Inspector General of Police. The appellant filed a suit after 18 years of his reversion, got a decree declaring that the reversion was void together with a decree for difference in salary and allowances for three years and two months. However, when the matter was carried in appeal to the High court of Gujarat, it was held, that the suit was barred by limitation and without pronouncing on any of the other findings, especially one by which the reversion was held to be void, the High court allowed the appeal.