STATE OF GUJARAT Vs. AJAY NANAJI RAJPUT

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the appellants challenging the judgment of the learned Single Judge dated 7th July, 2010 passed in Special Civil Application No. 12845 of 2009 by which the learned Single Judge has allowed the petition relying on Division Bench decision dated 29.6.2010 passed in Letters Patent Appeal No. 446 of 2010 and has passed the following order:

(2.) The learned Assistant Government Pleader Mr. N.J.Shah appearing for the appellants has urged that judgment dated 29th June, 2010 of the Division Bench of this Court in the case of Dr. Vinod Behari Simlote vs. State of Gujarat and others in Letters Patent Appeal No. 446 of 2010 is under challenged before the Apex Court. However, it is admitted by the learned counsel for the parties that the Special Leave to Appeal (Civil) (CC 17661 of 2010) has been dismissed by the Apex Court by order dated 10.12.2010. The order of the Apex Court dated 10.12.2010 is extracted below:

(3.) The Division Bench had found that the State Government by the Government Resolution dated 4.2.2009, had enhanced the age of superannuation of Insurance Medical Officers from 58 years to 62 years and by another Government Resolution dated 11th June, 2009, the age of superannuation of Medical Officers appointed under ESIS was also extended from 58 years to 62 years.