JUDGMENT :

N.V. Anjaria, J.

1. Heard learned advocate Mr. Dhaval Vyas for the appellant-Municipality, learned Assistant Government Pleader Mr. Sahil Trivedi for respondent No. 1-State and learned advocate Mr. T.R. Mishra for learned advocate Mr. Koshti for private respondent No. 2.

2. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent is directed against judgment and order dated 31st July, 2021 of learned Single Judge, whereby the petition of the respondent No.2 herein came to be allowed. The respondents-Nagarpalika as well as Secretary, Urban Housing Department, are directed to pass orders appointing the petitioner on the post of Cleaner which is already sanctioned by the Director of Municipalities by order dated 03rd September, 2013. It is further directed to pay arrears of salary to the petitioner and other consequential benefits as above paid to the regular employee, completing such exercising within four weeks and it was further provided that failure to comply would attract interest on the payment to be made to the petitioner.

2.1. In the Special Civil Application what was prayed by the petitioner was for direction against the respondent authorities to a