DILIPKUMAR C RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WITHOUT prejudice to the rights and contentions of the parties, it was jointly submitted that in the peculiar facts of this case, by mistake or under the order of interim relief granted by this Court, the petitioner has been continued on work-charged establishment for about 16 years. Therefore, some right and seniority may have accrued in favour of the petitioner and apart from the merit or demerit of his claim made in the petition, the petitioner's case was required to be sympathetically considered for fresh order in respect of his service. It was also agreed and jointly submitted that if any order adverse to the interest of the petitioner were to be made, he was required to be given an opportunity of being heard.

(2.) THEREFORE, according to the fair concessions and submissions jointly made by learned counsel of both the sides, the petition is disposed of and Rule is discharged with the direction that fresh order in respect of the service of the petitioner may be made by the competent authority, having regard to the service record so far and if any order adverse to the interest of the petitioner were proposed to be made, he may be given an opportunity of being heard or make representation before making of the order.