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2023 Supreme(Guj) 267

SONIA GOKANI, SANGEETA K. VISHEN
Ahmedabad Municipal Corporation – Appellant
Versus
Sureshbhai Mayarambhai Danidhar – Respondent


Advocates Appeared:
For the Appellant : Mr. HS Munshaw.
For the Respondent: Vyom H. Shah.

JUDGMENT :

(Sonia Gokani, J.)

1. The appellant – Ahmedabad Municipal Corporation is before this Court seeking to challenge the judgment and order passed by the learned Single Judge on 09.04.2019 allowing Special Civil Application No. 25697 of 2006 whereby, it has directed the appellant to appoint respondent to the post of Assistant Sanitary Sub-Inspector with effect from the date on which the candidate at serial no. 16 was appointed, with backwages and seniority. This has been challenged on the ground that the order is erroneous and arbitrary as well as against the settled position of law.

2. The brief facts necessary for the purpose of adjudication are as follows:-

2.1. The respondent – original petitioner approached this Court by way of writ petition being Special Civil Application No. 25697 of 2006 seeking the direction against the appellant to appoint the petitioner with effect from the date on which the candidate at serial no. 16 is appointed with all consequential benefits.

2.2. The respondent – corporation issued advertisement on 14.06.2006 inviting the applications for filling up the posts of Assistant Sanitary Sub-Inspector on a fixed pay of Rs. 2,500/-. Out of 53 posts, 11

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