STATE OF GUJARAT Vs. REVABHAI BHUDARBHAI SOLANKI

JUDGEMENT

(1.) SINCE , the controversy involved in this appeal is covered by an earlier decision of the Division Bench of this Court, which is in turn confirmed by the Apex Court, though, the matter is listed for Admission Hearing, with the consent of the learned Counsels for the parties, same is taken up for final hearing and disposed of by this order, today.

(2.) BY way of this appeal, the appellants have challenged the order of the learned Single Judge, rendered in Special Civil Application Nos.2743 of 2002 and the allied matter, Dated : 22.01.2013, whereby, the learned Single Judge disposed of the writ -petitions with a direction that the present respondents -the original petitioners be given the similar treatment, which was given to the petitioners in Special Civil Application Nos. 1681 & 1682 of 2002.

(3.) 07.1973, subject to completion of 5 years' service. Aforesaid GR came to be withdrawn by the appellants in the year 1990. However, the respondents made representations to grant them the benefits of GR of 1973, which came to be accepted and the same were granted to them in the year 2000. It appears that the appellants, then, sought to change the status of the respondents to 'Daily Rate' employees. The Respondents, hence, approached this Court by filing SCA No. 25 of 2001, wherein, the learned Single judge ordered to maintain status quo. Subsequently, the aforesaid petition came to be disposed of by the learned Single Judge with a direction to the appellants to consider the case of the Respondents afresh, after giving them an opportunity of hearing. Pursuant thereto, the order dated 29.01.2002 came to be passed, which came to be challenged by the respondents by filing the aforesaid writ -petitions, which came to be disposed of by the learned Single Judge with a direction, as stated in Paragraph -2 herein above. Hence, the present appeal. 4. Mr. Majmudar, learned Advocate for the respondents -original petitioners, submitted that the issue involved in this appeal is squarely covered by a decision of the Division Bench of this Court in Letters Patent Appeal No. 1730 of 2011 and the allied matter, Dated : 14.10.2013, which came to be confirmed by the Apex Court vide order, Dated : 20.01.2014, passed in Special Leave to Appeal (Civil) No(s). 39438 & 39439 of 2013, and hence, the present LPA as well as the civil application be dismissed.