STATE OF GUJARAT Vs. S P THAKKAR

JUDGEMENT

(1.) ADMIT. The service of notice of admission is waived by learned Counsel Mr. D.C. Raval, who appeared upon a caveat. Upon joint request the appeal is taken up for final hearing today in view of the peculiar facts and special circumstances. This Letters Patent Appeal at the instance of the Government is by way of challenge against the judgement and order of learned Single Judge passed in Special Civil Application No. 8441 of 1990 on 9.3.2001, by invocation of provision of Clause 15 of the Letters Patent.

(2.) The appellant is the original opponent and the respondent is the original petitioner and for the sake of convenience, they are hereinafter referred to in the same nomenclature. The petition came to be filed before learned Single Judge by the respondent for seeking the benefit of the amendment made in the Resolution by the Government with a prayer to treat the impugned order at Annexure "D" as illegal, unconstitutional, without jurisdiction, null and void.

(3.) The impugned order at Annexure "D" is the decision of the Government, whereby the request of the respondent - original petitioner for extending date of superannuation till end of academic term in view of the amendment made in the Resolution of the Government was rejected.