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2022 Supreme(Guj) 426

R.M.CHHAYA, HEMANT M.PRACHCHHAK
THAKORBHAI JERAMBHAI AHIR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR MA PAREKH
For the Respondent: Mr. Tirthraj Pandya, Asst. GOVERNMENT PLEADER/PP

ORDER :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.03.2022 passed by the learned Single Judge in Special Civil Application No.6153 of 2018, appellant – original petitioner has preferred this intra Court Appeal under Clause 15 of the Letters Patent.

2. Following facts emerge from the record of the appeal:

2.1. The appellant was appointed as an Instructor having qualification of Diploma in Civil Engineering with ITI and was working with Navyug Vidhyabhavan Trust which was fully grantin-aid Institute. As the record indicates that the appellant was promoted to the post of Supervisor Instructor in the year 1996 and in the same year the said post was re-designated as Foreman. As the incumbent on the post of Superintendent retired from service, the appellant was given charge of Superintendent on temporary basis subject to regular filling up the said post from regular recruitment. It also further appears from the record that the respondent Trust passed the Resolution dated 23.09.2014 giving the temporary charge to the appellant as a Superintendent. As the record further unfolds that vide order dated 7.4.2016 the respondent no.1 – State pr

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