The judgment clarified that all prayers made by the applicant were granted, including the prayer for consequential benefits, emphasizing the entitlement of the petitioner and the respondents' responsibility for the delay in appointment.

Abhilasha Kumari, J.

1. Rule. Ms. Snusha Joshi, learned Assistant Government Pleader waives service of notice of Rule for respondents Nos. 1 and 2. Ms. R.V. Acharya, learned advocate waives service of notice of Rule for respondent No. 3.

2. This application has been preferred by the applicant who had earlier filed Special Civil Application No. 1282/2011, that has been allowed by this Court by the judgment dated 06.05.2011. The prayers made in the application are for modifying the judgment dated 06.05.2011, passed by this Court, by directing the respondents to give appointment to the petitioner with all consequential benefits, as if he was appointed along with other candidates. Copies of the present application have been served upon the respondents long back. Respondents Nos. 2 and 3 have filed their respective affidavits-in-reply.

2.1 The litigation has a chequered history. The applicant is a physically handicapped candidate. He had applied for appointment to the post of Vidhya Sahayak/Primary Teacher, in response to the advertisement dated 21.04.2007, issued by respondent No. 3, wherein nineteen vacancies were for Higher Secondary Certificate (HSC)/Art Teacher Diploma (ATD) candidates and one of them was reserved for a physically handicapped (PH) candidate. The petitioner was the highest in merit in the category of PH candidate, having the merit of 76.642. However, one Mr. Dhandhla Dineshkumar Labhshankar, whose merit was 77.892, but who was not physically handicapped, committed fraud by producing a fake and forged Certificate of disability. He was placed above the petitioner. The fraud was detected by the authorities before giving him appointment, therefore, his name was cancelled from the merit-list. Even then, the petitioner was not given appointment for a long period of time, in spite of repeated representations.

2.2 The petitioner preferred Special Civil Application No. 1282/2011, with the following prayers:

"(a) to direct the respondents and particularly the respondent No. 3 to forthwith give appointment to the petitioner as Vidya-sahayak as Physically Handicapped ATD candidate pursuant to the Advertisement dtd. 21.04.2007 as per Annexure-A, with all the consequential benefit as if the appointment was given along with other candidates;

(b) to quash and set aside the illegal action of the respondents in delaying and thereby denying appointment to the petitioner as vidya-sahayak as Physically Handicapped ATD candidate pursuant to the Advertisement dtd. 21.04.2007 as per Annexure-A;

(c) Pending the hearing and final disposal of this petition, be pleased to direct the respondents and particularly the respondent No. 3 to forthwith give appointment to the petitioner as vidya-sahayak as Physically Handicapped ATD candidate pursuant to the Advertisement dtd. 21.04.2007 as per Annexure-A subject to the final outcome of this petition;

(d) to grant any other appropriate and just reliefs;"

(emphasis supplied)

3. After hearing the parties and considering the pleadings, this Court, vide the judgment dated 06.05.2011, allowed the petition and directed the respondents to offer appointment to the petitioner as Vidhya Sahayak in the Physically Disabled category, pursuant to the advertisement dated 21.04.2007, within a period of one month from the date of receipt of the Writ of the Court.

4. The necessity for filing the present application has arisen for the reason that, pursuant to the judgment of this Court, though the applicant was issued an appointment order dated 03.06.2011, however, the appointment was not given from the date when it was given to other candidates, as prayed for by the applicant. It is stated in the present application that one Rashmikaben Dahyabhai Patel and other HSC/ATD candidates, who were appointed pursuant to the said advertisement, were issued appointment orders in fixed pay on 16.01.2008 and have been placed in the regular pay-scale with effect from 17.01.2013, by an order dated 21.02.2014. The applicant is al