DISTRICT PRIMARY EDCATION OFFICER Vs. SAVITABEN BHAGWANJIBHAI RABARA

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) These two Letters Patent Appeals have been preferred by the appellants challenging the order and judgment passed by the learned Single Judge dated 24.10.2018, whereunder, the appellant's Special Civil Application being Special Civil Application No. 7589 of 2013 was dismissed and respondent's writ petition being Special Civil Application No. 3966 of 2013 was allowed and directed the appellant to treat the petitioner of Special Civil Application No. 3966 of 2013 as having retired on superannuation with effect from 31.12.2012 and the appellants were further directed to fix her pay, pension, provident fund and other terminal benefits as if the petitioner had attained the age of superannuation with effect from 31.12.2012 after having rendered service, ignoring the fact that she was dismissed from service vide order dated 21.10.2009 and ordering that period from 1.7.2009 to 31.12.2012 be treated as in regular service.

(3.) Facts in brief leading to filing these Letters Patent Appeals as could be gathered from the record of petitions and Letters Patent Appeals deserve to be set out as under :