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2023 Supreme(SC) 266

M. R. SHAH, C. T. RAVIKUMAR
Director General, Doordarshan Prasar Bharti Corporation of India – Appellant
Versus
Magi H. Desai – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rajeev Sharma, Sr. Adv. Mr. Sahil Bhalaik, AOR Mr. Tushar Giri, Adv. Mr. Sahon Patil, Adv. Mr. Saket Chandra, Adv. Mr. Pranav Giri, Adv. Ms. Gulshan Jahan, Adv.
For the Respondent(s): Mr. Hardik Virendrakumar Vora, Adv. Mr. Sameer Singh, Adv. Mr. Karan Thakur, Adv. Mr. Ajay Nain, Adv. Mr. Anmol Harna, Adv. Mr. Sukesh Kumar Mishra, Adv. Ms. Neelam Singh, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17.02.2022 passed by the High Court of Gujarat at Ahmedabad in R/Special Civil Application No. 14592/2021, by which the Division Bench of the High Court has allowed the said writ petition preferred by the respondent herein and has directed that the services of the respondent herein-original writ petitioner rendered as contractual shall be liable to be counted as temporary service for the purpose of calculating the qualifying service for pensionary/retiral benefits, the Director General, Doordarshan Prasar Bharti Corporation of India and another have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

    That the respondent herein-original applicant was engaged as a General Assistant on contract/casual basis in the year 1985. The services of the respondent as General Assistant on contract/casual basis were thereafter extended from time to time, however, with break of few days. The original applicant thereafter filed Original Application No. 32/1987 before the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short ‘the Tr


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