DEEPA V AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) UPON hearing the learned advocate appearing for the petitioners and Mr. Sunit Shah, learned GP, it appears that there is no dispute on the aspect that the present case is covered by the Judgment of this Court dated 09. 01. 2008 in Special Civil Application No. 11170/07 and allied matters.

(2.) AS such, all the matters were to be listed on Board for final disposal. However, as the office could not trace the papers at the relevant point of time, the matters could not be notified and therefore, the matters were not covered in the said decision. It is not in dispute that all the contentions which arise in the present petition for consideration are covered by the decision in the above referred Judgement. Hence, no further discussion is required.

(3.) IN view of the Judgement dated 09. 01. 2008 in Special Civil Application No. 11170/07 and allied matters, the Resolution of the Government dated 29. 03. 2007 shall stand quashed and set aside. Similarly, in case of Doctors who are appointed by the Corporation, the contention of the Corporation is that in view of the impugned Resolution of the State Government and the policy permitting private practice, such is adopted by the Corporation. Therefore, the same consequence would follow inasmuch as since the policy of the State Government and the impugned Resolutions are quashed and set aside, the service conditions of all in-service Doctors working with the Corporation would remain as it existed prior to the impugned policy.