MITENBHAI GOPALBHAI SOLANKI Vs. BHARATBHAI TRIKAMLAL PATEL

JUDGEMENT

(1.) Heard Shri Dipak R. Dave, learned counsel appearing for the appellant, Shri Anvesh Vyas, learned counsel appearing for respondent No.1 and Ms. Shruti R. Dhruve, learned AGP appearing for respondent Nos.4 and 5.

(2.) The appellant herein seeks to challenge the order passed by the learned Single Judge dtd. 21/9/2017 in dismissing Special Civil Application No.17712 of 2006 filed by the appellant as original writ petitioner, challenging the order dtd. 17/2/2006 passed by the Gujarat Secondary Education Tribunal at Ahmedabad in Application No.457 of 1999. It has been brought before us that during the pendency of the instant appeal, the writ petitioner viz. the appellant herein had died and his heirs and legal representatives have been substituted to maintain the instant appeal.

(3.) The facts relevant to decide the controversy at hand, in brief, are that the writ petitioner, viz. the appellant was appointed as Junior Clerk in the respondent institution in the year 1981. Respondent No.1, on the other hand, was appointed as Senior Clerk with effect from 1/8/1986. However, under an illegal arrangement by way of mutual consent, they (petitioner and respondent No.1) had exchanged their posts and the petitioner started serving as Senior Clerk with effect from June 1988 and in the same manner, respondent No.1 served as Junior Clerk from June 1988. The said mutual arrangement was intimated to the District Education Officer vide letter dtd. 23/5/1988, who had extended its consent to the inter- changeability of posts vide letter dtd. 2/6/1988 addressed to the Head Master of the institution.