JUDGMENT :

N.V. ANJARIA, J.

1. Heard learned advocate Mr. Y.N. Ravani for the appellant and learned advocate Mr. Dipak Dave for the respondent.

2. This Letters Patent Appeal under Clause 15 of the Latent Appeal is directed against judgment dated 8.9.2011 whereby learned Single Judge allowed the Special Civil Application of respondent herein-original petitioner. Order dated 11.1.2001 passed by respondent came to be set aside and the respondents were directed to give all consequential benefits to the petitioner within time bound period.

3. What was prayed in the Special Civil Application was to set aside order dated 11.1.2001 whereby the petitioner was ordered to be retired premature. It was prayed to declare the said order of compulsory retirement to be illegal and reinstate the petitioner with full backwages and continuity of service.

3.1 The petitioner joined the services as Junior Assistant in the appellant Gujarat Housing Board in July, 1978. In August, 1996. Pending the criminal proceedings and the departmental inquiry, the petitioner came to be suspended for alleged poor construction which he supervised. The charge-sheet was issued and departmental inquiry on the charge of poor qua