Akil Abdul Hamid Kureshi, J.

1. Since barring some cosmetic differences, issues are identical, we may refer to the facts as emerging in Letters Patent Appeal No. 478 of 2014. The appeal is filed calling in question the judgment of the learned Single Judge dated 26-2-2014 in Special Civil Application No. 11552 of 2012. Such petition was filed by the State Government challenging a judgment dated 26-10-2011 passed by the Gujarat Civil Services Tribunal ('the Tribunal' for short).

2. Facts are as under:

2.1. Appellant was appointed in the erstwhile Bombay State as an Agricultural Assistant. Upon bifurcation of the Gujarat and Maharashtra States, he was allocated to the State of Gujarat. By an order dated 18th March, 1961, he was promoted to the post of Agricultural Supervisor on purely temporary basis pending finalization of seniority list. He resumed the duty on the promotional post on 1st April, 1961. He was reverted to his original post of Agricultural Assistant by an order dated 9-2-1968. He challenged his reversion before this Court by filing Special Civil Application No. 1710 of 1972. Pending such petition, the Director of Agriculture issued a communication dated 3rd September, 1973 to the Superintending Agricultural Officer, Baroda in which it was stated that the Superintending Agricultural Officer was instructed to supply information regarding the entitlement or otherwise of regularization of the petitioner and other similarly situated officers for the purpose of assigning deemed date on the basis of the final gradation list of Agricultural Assistant as on 1-11-1956 published by Maharashtra Government. This would consume some time. It was further stated that:

"Secondly, even three petitioners out of four of above matters, are eligible for their continuance as Agricultural Supervisor because of their completing seven years service as Agril. Supervisor on 1-2-1968 on the basis of deem dates to be assigned to them as per final gradation list of Agricultural Assistant as on 1-11-1956 as can be confirmed from the details given hereunder:

Sr. No.	Name	Deem date admissible as per final gradation list of Agril. Assistance as on 1-11-1956
1	Shri H.J. Choudhari	22-12-1959
2	Shri  M.A. Patel	25-1-1960
3	Shri R.M. Patel	30-1-1960

N.B.: Deem dates are taken as per statement given by your office personally to Office Superintendent Shri H.K. Desai. However, this may again be verified.

You are therefore, requested to restore the original position of these three petitioners immediately under intimation to this department and to send proposals for creation of supernumerary posts of Agril. Supervisor for the spell of period in between dates of reversion and dates of restoring their petition."

2.2. On 5-9-1974, the Government Counsel conveyed to the Court in writing that final gradation list of Agricultural Assistant on 1-11-1956 is now received from the Director of Agriculture, Puna. As per this, the petitioner would have completed 7 years of service on 1-2-1968. In view of this position, the petitioner has now been promoted to the post of Agricultural Supervisor and the petition, has therefore, become infructuous.

2.3. On the basis of such developments, the petitioner withdrew the said writ petition on 12-9-1974.

2.4. Later on, however, since the interregnum period from the date of reversion till the date of re-promotion was not regularized, the petitioner filed an appeal before the Tribunal and prayed inter alia that his order of reversion be quashed and he may be paid the salary for the entire intervening period between date of reversion till re-promotion.

2.5. At one stage, the Tribunal dismissed such a petition on the ground of delay. Petitioner approached the High Court by filing Special Civil Application No. 8710 of 1993. Learned Single Judge allowed the petition by a judgment