LAWS(GJH)-2022-10-1001

M.B. PRAJAPATI Vs. STATE OF GUJARAT

Decided On October 12, 2022
M.B. Prajapati Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of present appeal under clause 15 of Letters Patent, the appellant - original petitioner has challenged the oral order dated 25.6.20018 passed in captioned writ petition i.e. Special Civil Application No. 9024 of 2014 which was decided along with Misc. Civil Application No.2 of 2015 in Special Civil Application No.13676 of 2009. The same has also been challenged by way of filing separate Letters Patent Appeal No. 1263 of 2018 which is listed today along with present appeal. However, it is separately decided. In the impugned order, the learned Single Judge refused to grant any of the reliefs of the petitioner by not granting any pensionary and retiral benefits keeping his ad hoc services as Principal of District Institute of Education and Training (hereinafter referred to as "DIET") from 12/8/1997 till his date of superannuation on 30/6/2014. The appeal came to be admitted on 10/9/2018 and was pending for final disposal.

(2.) During the pendency of the appeal, the appellant has filed further affidavit dtd. 16/2/2022 (copy of which was supplied to the office of Government Pleader, High Court of Gujarat). Along with said additional affidavit, the appellant has produced several orders passed by learned Single Judge, confirmed in Letters Patent Appeal as well as the order of Hon'ble Supreme Court confirming the order of learned Single Judge as well as Division Bench in Letters Patent Appeal which is identically similar to the case of the appellant to which there is no reply filed by the State Authority.

(3.) The short facts on record are as under: