STATE OF GUJARAT Vs. NILESHKUMAR BHIKHABHAI LUHAR

JUDGEMENT

(1.) AS common questions arise in both the appeals, they are being considered simultaneously.

(2.) BOTH the appeals are directed against the order dated 20.6.2006 passed by the learned Single Judge of this Court in the respective Special Civil Applications, whereby the learned Single Judge, for the reasons recorded in the order, has dismissed the petitions.

(3.) AT this stage, respondent No.1 in each matter approached before the Tribunal by preferring application, seeking prayers for quashing and setting aside the decision in not regularizing the appointment and other reliefs were prayed. The Tribunal granted interim order, whereby the services were continued and respondent No.1 in each matter were not relieved. Thereafter the matter came to be finally decided by the Tribunal on the ground that one of the Members, in capacity as Government Officer, was Member in the Selection Committee and interim relief was granted by his predecessor, whereby respondent No.1 in each of the matters have continued. Therefore, allowed the applications. The State Government against the decision of the Tribunal of allowing the applications preferred in Special Civil Applications No.6797 of 2012 and 6799 of 2012. Both the petitions came to be disposed of by the learned Single Judge and the learned Single Judge found that it will not be appropriate to set aside the appointment of respondent No.1 in each of the matters after 19 years and, therefore, dismissed the petitions. It is under these circumstances, the present appeals before the Division Bench of this Court.