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2013 Supreme(Guj) 19

PARESH UPADHYAY
KANDOI CHIMANLAL BRIJLAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
SCA No. 10142/2009
MR K.B. PUJARA with MR. HB SINGH, ADVOCATE for the Petitioners
MR RASESH RINDANI AGP for the Respondents No. 1, 2 & 3
MR HS MUNSHAW, ADVOCATE for the Respondent No. 4
SCA No. 8576/2008
MR BIREN A. VAISHNAV for the petitioners
MR RASESH RINDANI AGP for the Respondents no. 1 & 2
MS R.V. ACHARYA for respondent no. 3
MR HS MUNSHAW for respondents no. 5 & 8
MR PREMAL JOSHI for respondent no. 6
SCA No. 10878/2008
MR BIREN A. VAISHNAV for the petitioner
MR RASESH RINDANI AGP for the Respondents no. 1 & 2
MS R.V. ACHARYA for respondent no. 3
SCA No. 11160/2008
MR BIREN A. VAISHNAV for the petitioner
MR RASESH RINDANI AGP for the Respondents no. 1 & 2
MS R.V. ACHARYA for respondent no. 3
SCA No. 11380/2008
MR BIREN A. VAISHNAV for the petitioner
MR RASESH RINDANI AGP for the Respondents no. 1 & 2
MS R.V. ACHARYA for respondent no. 3
SCA No. 15829/2008
MR BIREN A. VAISHNAV for the petitioner
MR RASESH RINDANI AGP for the Respondents no. 1 to 4
SCA No. 5581/2009
MR BIREN A. VAISHNAV for the petitioner
MR RASESH RINDANI AGP for the Respondents no. 1 & 2
MS R.V. ACHARYA for respondent no. 4

JUDGMENT

1. Heard Mr. K.B.Pujara with Mr.H.B.Singh and Mr. Biren A.Vaishnav, learned advocates for the petitioners, Mr. Rasesh Rindani learned Assistant Government Pleader for the respondent Finance Department, Education Department, Director of Primary Education and District Education Officer, Mr.H.S.Munshaw, Ms. R.V.Acharya and Mr.Premal Joshi, learned advocates for respective District Primary Education officers of Mehsana, Bhavnagar, and Amreli Districts and Administrative Officers of respective Municipal School Boards of said districts. At the request of learned advocate for petitioners in Special Civil Application No. 8576 of 2008, the respondent no. 7 in the said petition is deleted. Since, in all these petitions, the grievance is identical and the issue for adjudication is the same, all these petitions are heard, considered and decided by this common judgment and order. All learned advocates requested that since all relevant material is on the record of SCA No. 10142 of 2009, that petition be treated as lead matter and reference to respective annexures is as per the paper-book of said petition.

2. Learned advocates for the petitioners have stated that, all the petitioners are




































































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