JUDGMENT :

R.M. Chhaya, J.

1. Heard Ms. Dhwani Tripathi, learned Assistant Government Pleader for the State.

2. The facts of this case, without entering into the merits of the application, the delay is condoned and the Letters Patent Appeal is taken up for final disposal for hearing.

ORDER ON LETTERS PATENT APPEAL

3. The following facts emerge from the record of the Appeal:

1.1 The respondent - Ms. Satyawai Swami Hemamalin is working as a Superintendent-cum-Civil Surgeon at Civil Hospital, Bharuch, which is run by the appellants-State Government. As the record indicates that the respondent was selected as Class II Medical Officer on 09.02.1980 after passing the Gujarat Public Service Commission exams and by the time the petition was preferred, the respondent original petitioner had served the State in Health Department for 21 years and 8 months. As the record unfolds, the respondent was promoted as Class I officer w.e.f. 12.10.2000 and since the year 2002, the respondent is working as Superintendent Civil Surgeon-cum-Chief Medical Officer at Bharuch. The record further indicates that on 27.12.2002 while respondent - original petitioner was on duty and actually traveling in an ambulance t