JUDGMENT :

(Biren Vaishnav, J.)

1. Letters Patent Appeal No.979 of 2017 has been filed by the Kutch District Panchayat and the Chief District Health Officer challenging the oral judgement dated 06.10.2016 passed in Special Civil Application No.8245 of 2008 by which the learned Single Judge allowed the petition holding that the petitioners therein were entitled to permanent appointment as Multipurpose Health Workers (male) in the regular pay scale of Rs.3050-4590/-.

2. Letters Patent Appeal No.526 of 2022 is filed by the original petitioner challenging the judgement of even date i.e. 06.10.2016 passed in Special Civil Application No.3660 of 2010 by the same learned Single Judge dismissing the original petitioner’s petition which, according to the appellant-original petitioner was on same facts on which the petition of the appellants of Letters Patent Appeal No.979 of 2017 was allowed.

3. Therefore, we have heard Letters Patent Appeal No.979 of 2017 filed by the Kutch District Panchayat as the lead matter. The appellants shall be referred to as ‘original respondents’ and the respondent in the appeal as ‘original petitioners’.

4. Facts in brief are that the original petitioners pursuant t