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2022 Supreme(Guj) 1118

BIREN VAISHNAV
Viralkumar Jayshukhbhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Dipak N. Joshi.
For the Respondents: Ms. Sejal K. Mandavia, Mr. Kurven Desai.

JUDGMENT :

1. Leave to amend.

2. Rule returnable forthwith. Mr.Kurven Desai, learned AGP, waives service of notice of rule on behalf of the State respondents Nos. 1 to 4 and Ms.Sejal Mandavia, learned counsel, waives service of notice of rule on behalf of respondent No. 5. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing.

3. The case of the petitioners is that they are entitled to the direction for consideration of their initial services rendered on a contractual basis along with their regular services pursuant to their appointment on regular basis for all purposes, including for the purposes of Seniority, Pay, Leave and other consequential benefits and make payment of arrears of pay and allowances to the petitioners from the date of their initial appointment.

4. The case of the respondents, according to Ms.Sejal Mandavia, learned advocate, is that they were given appointments on contractual basis and thereafter regularized in the year 2006, and therefore, they were not entitled to the benefits of regularization from the initial date.

5. Mr.Joshi, learned counsel for the petitioners, would rely on several orders pas

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