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2022 Supreme(Guj) 536

R.M.CHHAYA, HEMANT M.PRACHCHHAK
LALJIBHAI NARSIBHAI PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR MAULIN G PANDYA
For the Respondent:MR TIRTHRAJ PANDYA, ASSISTANT GOVERNMENT PLEADER, MS DHWANI TRIPATHI, ASSISTANT GOVERNMENT PLEADER for the, MR SHALIN N MEHTA, SENIOR ADVOCATE assisted by MR NISHIT P GANDHI

ORDER :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the common judgment and order dated 2.2.2022 passed by the learned Single Judge in Special Civil Applications no. 19220/18 and 19506/18, the original petitioners have preferred this intra-Court appeal under Clause 15 of the Letters Patent.

2. The facts arising in both the appeals and Writ Petitions are identical and both the appeals were heard together and are disposed of by this common judgment and order.

3. The appellants - original petitioners are direct recruits to the post of Assistant Police Sub-Inspector (hereinafter referred to as “ASI”) in the year 2014. As per the policy of the Government, for the initial years, the appellants were on a fixed pay. Ultimately, respondent no.2 herein i.e. Subordinate Services Selection Board issued an advertisement no.151/2018-19 for the promotion post i.e. Police Sub-Inspector (hereinafter referred to as “PSI”). The said advertisement stipulated that those candidates who have completed 3 years of service as on 15.12.2018 would be eligible to apply for the same. As the appellants did not possess experience of 3 years on the cut off date i.e. 15.12.2018 and in fact was short by 40-4

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