LAWS(GJH)-2009-12-57

PATEL ANJANABEN MOHANBHAI Vs. STATE OF GUJARAT

Decided On December 14, 2009
PATEL ANJANABEN MOHANBHAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS appeal is directed against order dated 30th January 2006 passed by the learned Single Judge whereby he partly allowed the petition.

(2.) HEARD learned counsel for the parties. The only question involved in this case is that what should be the date of appointment to be given to the petitioner because, appointment has already been offered to the petitioner as per the order of the learned Single Judge and the respondents have appointed the petitioner. Since the case of the petitioner was that she is entitled to the marks on sports participation and which was wrongfully denied and subsequently been granted to her. This Court in Special Civil Application No. 14750 of 2004 granted the benefit of antedate appointment on the day when others who were in the same recruitment were given the appointment. We feel that the same date has to be granted to the petitioner. However, we would make it clear that this would not entail the petitioner with any financial benefits and for notional purposes the petitioner would be granted a deemed date of appointment, which was granted to other employees pursuant to the same advertisement.

(3.) WITH the aforesaid observations, the appeal stands allowed.