STATE OF GUJARAT Vs. NARENDRABHAI JETHABHAI SOLANKI

JUDGEMENT

(1.) The impugned order dated 08.05.2008 of learned single Judge of this Court is couched in the following terms:

(2.) By order dated 10.05.2010 in civil application, ad-interim relief was granted to stay execution of the impugned judgment and order. It is stated at the bar by learned A.G.P. that, subsequent to admission of the appeal and grant of ad-interim relief, the petitioners have partly succeeded in another petition, being SCA No. 2742 of 2009, wherein order dated 16.06.2009 is made by this Court (Coram: M.R. Shah, J.) in the following terms:

(3.) No one is present for respondents, though served. It is clear and fairly conceded that upon reinstatement of original petitioners, the question of filling up the posts in the meantime did not arise, and the respondents herein have continued to be employed by the appellant. Therefore, the only contention of learned A.G.P. was that the respondents having been irregularly appointed on part-time basis, their services could not be regularized even after continuous service of ten years in terms of Government Resolution dated 01.05.2007 and, therefore, the direction to consider their case for regularization was required to be set aside.