STATE OF GUJARAT Vs. VIJAYBHAI SURESHBHAI PANCHOLA

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr. K.M. Antani for the appellant State and its authorities, and learned advocate Mr. R.D. Kinariwala for respondent no.1. Rule of this Court is served upon respondent no.2, however, none has chosen to appear.

(2.) The challenge in this Letters Patent Appeal, at the instance of the State is addressed to the judgment and order dtd. 17/10/2022 of learned Single Judge, whereby Special Civil Application filed by the respondent-original petitioner came to be allowed. The action and decision on the part of the respondent in denying the petitioner the benefit of regularisation as per the policy of the Government Resolution dtd. 24/10/2017, came to be set aside, directing the respondent authorities to consider the case of the petitioner to regularise his services from the date on which the other similarly situated persons were regularised.

(3.) The backdrop of the facts are that, by filing the writ petition, the petitioner prayed to set aside the order dtd. 27/8/2020, whereby he was refused the benefit of regularisation. It was the case of the petitioner who belonged to the Scheduled Caste, inter alia that he cleared his Higher Secondary Certificate Examination and passed his graduation in Arts faculty. Upon advertisement dtd. 22/6/2010 issued in the newspaper by the respondent no.3 school for the post of Sikshan Sahayak, the petitioner applied on 23/6/2010. The petitioner produced requisite documents. The interview was held on 29/7/2010 by the school. By order dtd. 29/7/2010, the petitioner came to be selected and appointed.