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2022 Supreme(Guj) 670

BIREN VAISHNAV
Hasmukhbhai Chimanlal Tapodhan – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : MR SHALIN MEHTA, SR. COUNSEL assisted by MS SHIKHA D. PANCHAL & MS ADITI S. RAOL, MR RUSHANG D MEHTA, MR DIPAK R DAVE, MS ASHLESHA PATEL, MR DEEPAK N KHANCHANDANI, MR N D SONGARA, MS VIDHI J BHATT, MR GAURAV K. MEHTA
FOR THE RESPONDENT: MR PRANAV V SHAH, MR UTKARSH SHARMA, MR KURVEN DESAI, MR. SOAHAM JOSHI

JUDGMENT :

1. Rule, returnable forthwith. Respective AGPs waive service of Rule on behalf of the respondent-State in respective petitions.

2. With the consent of the learned advocates appearing for the respective parties, all these petitions were taken up for its final disposal.

3. In all these petitions, under Article 226 of the Constitution of India, the issue for consideration before this Court is the interpretation of the Circular dated 16.7.2019 issued by the Finance Department, State of Gujarat. This circular was issued in light of the decision of the Division Bench in a group of Letters Patent Appeals No. namely; LPA No.1155 of 2019 and allied appeals in SCA Nos.7462 of 2012 dated 9.5.2019.

4. Based on the submissions made by the learned advocates for the respective petitioners and the learned AGPs on behalf of the State of Gujarat, 8 categories were carved out for adjudication and interpretation of the circular. Following are the categories:

    (1) Challenge to the entitlement of the benefit of the circular because of the rejection of cases those persons who are appointed for less than four hours.

(2) Rejection on the ground that the petitioners have approached the Court belatedly

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