ORDER :

1. Heard Mr. Tirthraj Pandya, learned AGP for the appellants.

2. Feeling aggrieved and dissatisfied by the judgment and order dated 05.04.2021 passed in SCA No. 8601 of 2012, the State and its authorities have preferred this intra court appeal under Clause 15 of the Letters Patent.

3. The Roads and Buildings Department of the State of Gujarat gave advertisement on 03.03.2001 for inviting application for the post of Assistant Engineer, pursuant to which the Respondent-Original Petitioner applied for the same to on 30.05.2001. After oral interview on 11.03.2001, the original petitioner came to be appointed on 01.06.2001, initially for a period of 9 months on fixed pay of Rs. 5,000/- per month. It is a matter of record that such posts were filled up by the appellant-authorities to see that post earthquake, the work can be carried out in different talukas of Kachchh District, which had experienced devastating earthquake.

4. It is the case of the Respondent-Original Petitioner that services of similarly situated employees who were appointed along with the Respondent-Original Petitioner have been regularised. Reliance was placed on the judgment of this Court in the case of Rapar Area