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2021 Supreme(Guj) 510

A.Y.KOGJE
RAMANBHAI DAHYABHAI BARIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR DIPAK R DAVE
For the Respondent: MR ROHAN SHAH, AGP, MR PRADIP J PATEL

JUDGMENT :

1. RULE. Mr.Rohan Shah, learned AGP waives service of rule for the respondent-State and Mr.Pradip Patel, learned advocate waives service of rule for the respondent nos.2 & 3.

2. Both the aforesaid petitions are raising same issues and arising out of identical facts and against the same respondents.

3. At the request of learned advocates for both the parties, both the matters are taken up for final disposal.

4. At the outset, learned advocate for the respondent is permitted to file his formal reply in Special Civil Application No.14936 of 2020, however, considering the common questions and issues raised in the affidavit-in-reply filed in Special Civil Application No.870 of 2021 which covers all the issues and answers to the petition is considered to be reply in both the petitions.

5. Since the issues involved in both these petitions are same, Special Civil Application No.870 of 2021 is treated as the lead matter, facts of which are as under:-

5.1 The petitioner was serving as “Rojamdar” in the office of respondent no.3 with effect from 21.12.1983. The petitioner has served the respondents continuously and uninterruptedly.

5.2 It is submitted that though the petitioner entered in

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