- (1.) Since barring some cosmetic differences, issues are identical, we may refer to the facts as emerging in Letters Patent Appeal No.478 of 2014.
(2.) The appeal is filed calling in question the judgment of the learned Single Judge dated 26.02.2014 in Special Civil Application No.11552 of 2012. Such petition was filed by the State Government challenging a judgment dated 26.10.2011 passed by the Gujarat Civil Services Tribunal ('the Tribunal' for short).
(3.) Facts are as under: 3.1. Appellant was appointed in the erstwhile Bombay State as an Agricultural Assistant. Upon bifurcation of the Gujarat and Maharashtra States, he was allocated to the State of Gujarat. By an order dated 18th March 1961, he was promoted to the post of Agricultural Supervisor on purely temporary basis pending finalization of seniority list. He resumed the duty on the promotional post on 1st April 1961. He was reverted to his original post of Agricultural Assistant by an order dated 09.02.1968. He challenged his reversion before this Court by filing Special Civil Application No.1710 of 1972. Pending such petition, the Director of Agriculture issued a communication dated 3rd September 1973 to the Superintending Agricultural Officer, Baroda in which it was stated that the Superintending Agricultural Officer was instructed to supply information regarding the entitlement or otherwise of regularization of the petitioner and other similarly situated officers for the purpose of assigning deemed date on the basis of the final gradation list of Agricultural Assistant as on 01.11.1956 published by Maharashtra Government. This would consume some time. It was further stated that: "Secondly even three petitioners out of four of above matters, are eligible for their continuance as Agricultural Supervisor because of their completing seven years service as Agril. Supervisor on 01.02.1968 on the basis of deem dates to be assigned to them as per final gradation list of Agricultural Assistant as on 01.11.1956 as can be confirmed from the details given hereunder: JUDGEMENT_173_LAWS(GJH)12_2014.html;