STATE OF GUJARAT Vs. DEVENDRAKUMAR VINODBHAI SHRIMALI

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent has been filed by the appellants - original respondents against the order dtd. 21/1/2022 passed by the learned Single Judge, whereby learned Single Judge allowed the petition filed by the respondent - original petitioner and direction has been issued to the present appellants to reinstate the petitioner without backwages.

(2.) Heard learned AGP Mr. Kurven Desai for the appellants and learned advocate, Mr. Digant Kakkad for the respondent.

(3.) Learned AGP Mr. Desai mainly submitted that an advertisement came to be issued for the appointment to the post of Foremen Inspector (Class-III) in January, 2012 and pursuant to the said advertisement, the respondent - original petitioner appeared in the competitive examination and after following recruitment procedure, the respondent - original petitioner was appointed on a fixed pay for a period of 5 years and as per the policy of the State Government, after completion of 5 years, the respondent - original petitioner was required to be placed in regular pay scale. It is submitted that after considering the confidential report for the period between 1/4/2017 to 31/12/2017, the appellants - original respondents issued notice to the respondent - original petitioner and after considering the reply submitted by the respondent - original petitioner and after placing reliance upon Condition No.14(a) of the appointment order, the services of the respondent - original petitioner came to be terminated on 1/6/2020. It is submitted at this stage that the respondent - original petitioner challenged the said order of termination by filing captioned petition before this Court and the learned Single Judge, vide impugned order dtd. 21/1/2022, allowed the petitioner filed by the respondent - original petitioner and thereby direction has been issued to the present appellants to reinstate the respondent - original petitioner without backwages. The appellants have, therefore, preferred present appeal.