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2008 Supreme(SC) 424

ARIJIT PASAYAT, S.H.KAPADIA
Subodh Kumar Jaiswal – Appellant
Versus
Union of India – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in these appeals is to the order passed by a Division Bench of the Bombay High Court allowing the writ petitions filed by Gulabrao Dharmu Pol, respondent No.4 in appeal relating to SLP ( C ) No.12364/2006 and Mr. Suresh A. Kakkar, respondent No.4 in appeal relating to SLP (C) No.1178/2007.

3.A brief reference to the factual position would suffice. The position as obtaining in the appeal relating to S.L.P.(C) No.12364/2006 is noted as the factual scenario is common to both the appeals.

On 18.4.1979, respondent No.4 was appointed as trainee Deputy Superintendent of Police by the Government of Maharashtra subject to completion of training, practical training and passing of tests in certain subjects. According to the appellants, only if these conditions are fulfilled, he was to be appointed on regular basis to a cadre post in the cadre of Dy.SP/ACP. In other words, it is stated that on completion of the probation satisfactorily, respondent No.4 was appointed to the cadre post and started officiating as Dy.SP/ACP on regular basis w.e.f. 3.8.1981 in terms of the Home Department, Government of Maharashtra Order dated 1.2.1982. Th













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