DIPAK MAHENDRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard, learned Advocate, Mr. Munshaw, for the Petitioner and learned AGP, Mr. Udhwani, for the Respondents.

(2.) Since, it was submitted by learned Advocate, Mr. Munshaw, that the issue involved in this matter is covered by the decision of the Division Bench of this Court dtd. 24/7/2020, rendered in the case of 'State of Gujarat Vs. Chetan Jayantilal Rajgor' in Letters Patent Appeal No. 1596 of 2019 and the allied matters as well as the decision of the Hon'ble Apex Court in the case of 'Swati Priyadarshini Vs. State of Madhya Pradesh and others', 2024 SCC Online SC 2139, and the recent decision of this Court dated 04- 10/12/2024, rendered in the case of 'Rakeshkumar Bhursingbhai Katara Vs. State of Gujarat and Others' in Special Civil Application No. 22588 of 2022 and the allied matters, with the consent of the learned Advocates for the parties, the same is taken-up for hearing and final disposal, today. Hence, RULE. Learned AGP waives service for the Respondents.

(3.) Brief facts of the case are that, pursuant to the advertisement issued in December, 2020 and a subsequent advertisement dtd. 19/5/2021 for recruitment to the post of Staff Nurse, Class-III, the petitioner applied for the same. Subsequently, the petitioner was selected and was granted appointment on the post of Staff Nurse, Class-III, vide order dtd. 3/9/2021, initially, on fixed pay basis for the period of five years.