ORDER :

Nikhil S. Kariel, J.

1. Heard learned Advocate Ms. Maitri N. Jani for the petitioner and learned AGP Ms. Nirali Sarda for the respondents.

2. Issue Rule. Learned AGP waives service of Rule on behalf of the respondents.

3. With the consent of the parties, the present petition is taken up for final hearing.

4. At the outset, learned advocate for the petitioner would submit that the issue raised in this petition is covered by a decision of this Court in Special Civil Application No.10738 of 2020 and allied matters dated 14.03.2024 and whereas it is submitted that the said decision with a modification had been confirmed by the Division Bench. It is submitted by the learned advocate for the petitioner that since the petitioner is similarly situated to the petitioners of the above writ petitions, the same benefit as modified by the Division Bench, may be accorded to the present petitioner.

5. Learned AGP would not dispute the proposition as having been submitted by learned advocate for the petitioner.

6. It would appear that the petitioner before this Court, had been appointed on compassionate basis in terms of Government Resolution dated 15.06.2004, which prescribed the appointment on