IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 1977 of 2004 In R/SPECIAL CIVIL APPLICATION NO. 2987 of 1988 With R/LETTERS PATENT APPEAL NO. 1979 of 2004 In R/SPECIAL CIVIL APPLICATION NO. 3341 of 1988 With R/LETTERS PATENT APPEAL NO. 2581 of 2004 In R/SPECIAL CIVIL APPLICATION NO. 3341 of 1988 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2014 In R/LETTERS PATENT APPEAL NO. 2581 of 2004 In R/SPECIAL CIVIL APPLICATION NO. 3341 of 1988 With R/LETTERS PATENT APPEAL NO. 2582 of 2004 In R/SPECIAL CIVIL APPLICATION NO. 2987 of 1988 With R/LETTERS PATENT APPEAL NO. 13 of 2005 With R/LETTERS PATENT APPEAL NO. 14 of 2005 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2014 In R/LETTERS PATENT APPEAL NO. 2581 of 2004 In R/SPECIAL CIVIL APPLICATION NO. 3341 of 1988 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MR. JUSTICE PRANAV TRIVEDI ==========================================================

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RASENDRU S. PAREKH & ANR.

Versus LALUBHA B. JADEJA & ORS.

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Appearance:

MR. B.P.TANNA, SENIOR COUNSEL FOR TANNA ASSOCIATES(1410) for the Appellant(s) No. 1,2 MR. ROHAN SHAH, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 3 MR AR THACKER(888) for the Respondent(s) No. 1,2 MS VYOMA K JHAVERI(6386) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 01/05/2024 CAV JUDGMENT (PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

ORDER IN CIVIL APPLICATION NO. 2 of 2014.

Heard the learned counsel appearing for the applicant.

Considering the averments made in the application, prayer in terms of paragraph 5(b) is granted. The delay of 1436 days that has occurred in bringing legal heirs on record is hereby condoned. Civil application is allowed accordingly.

ORDER IN CIVIL APPLICATION NO. 1 of 2014 Heard learned counsel appearing for the applicant.

Having considered the averments made in the application, prayers in terms of para 5(b) is granted. Registry to amend the cause title of the main appeal, accordingly. Civil Application is allowed, accordingly.

ORDER IN LETTERS PATENT APPEALS

1 These appeals have been filed by the original respondents No.2 and 3 (private respondents) and the Bhavnagar Municipal Corporation, original respondent No.1 in Special Civil Application Nos. 2987 of 1988 and 3341 of 1988. They challenged the oral judgement dated 15.09.2004 passed by the learned Single Judge which partly allowed the petitions of the original petitioner in the petition, namely, Shri Lalubha Bahadursinh Jadeja.

2 Lalubha Bahadursinh Jadeja, the sole petitioner of Special Civil Application No. 2987 of 1988, approached this Court by way of the captioned petition with a prayer that a writ be issued for quashing and setting aside the orders promoting the private appellants herein who were the original respondent Nos. 2 and 3 in the petition to the post of Octroi Valuation Officer.

2.1 It was his case that he was initially recruited as a daily wager, Clerk on 23.11.1976 and confirmed as Junior Clerk with effect from 01.04.1983. It was his case that he has passed his L.S.G.D Examination. According to the petitioner, though he was qualified and eligible for being promoted as a Valuation Officer in the grade of 500-930/-, the respondent Nos. 2 and 3 were promoted as Octroi Valuation Officers by the Commissioner.

2.2 According to the petitioner, the General Board on 04.02.1986, had sanctioned two posts of Octroi Valuation Offic