SUMANBHAI SUKHABHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal under Clause 15 of the Letters Patent is at the instance of an applicant of a Special Civil Application No.11928 of 2000 and is directed against the judgment and order dated 9th January 2013 passed by a learned Single Judge of this Court, by which His Lordship disposed off the petition confirming the interim order which was passed in the petition dated 3rd May 2001. However, since the interim order enured to the benefit of the petitioner only from 1st January 2001, the consequential benefits which were ordered to be paid by the learned Single Judge would also be counted from 3rd May 2001, whereas in the main writ-application, the petitioner prayed for regularization of his service from the date of his appointment i.e. from 3rd August 1993.

(2.) It is in such circumstances that although the learned Single Judge made rule absolute, yet, in substance the main prayer for regularization in service from 1993 could not be said to have been granted by the learned Single Judge. Accordingly, the present Appeal.

(3.) The facts giving rise to the filing of this Appeal may be summarised as under :