STATE OF GUJARAT Vs. DINESH THAKUR

JUDGEMENT

(1.) The present application is filed with following prayer made in paragraph no.10 thereof:

(2.) In the main petition, the claim made by the opponent no.1-? original petitioner is that he is entitled to serve as Professor till 65 years of age, however, he was prematurely retired at the age of 62 years. At the hearing of main petition, the attention of the Court was drawn by learned AGP Ms.Patel to the order dated 11.04.2017 passed by Chief Executive Officer, GMER Society, Gandhinagar appointing the opponent no.1 as Professor, Anesthesia in Medical College, Himmatnagar on fix pay of Rs.1,00,000/-? and on 11 months contract basis and she submitted that the opponent no.1 did not accept such order. But, it was the say of the opponent no.1 that such order was never sent to him. Without going into such dispute, the Court asked learned AGP Ms. Patel whether the order of appointment was still available for the opponent no.1, she stated under instruction from the officer present in the Court that the opponent no.1 could be given posting as professor, Anesthesia as per the said order of appointment. It was then after some deliberation as reflected in the order dated 27.09.2018, the direction was issued to give posting to the petitioner on the post of Professor, Anesthesia at Civil Hospital, Sola, Ahmedabad.

(3.) The State and its authorities have now come with present application seeking modification of the above order passed by this Court inter alia on the ground that it could not be brought to the notice of the Court that there was fresh advertisement issued on 28.01.2018 for regular appointments on 349 posts in different cadres including five posts of professors, Anesthesiology, one of which was for the vacant post at Civil Hospital, sola, Ahmedabad and the process of selection was initiated. It is stated in the application that the candidates named the application are selected and their selection is approved by Hon'ble Minister on 04.10,2018, however the appointment orders are yet to be issued which will be in the order of their merits.