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WA No. 92 of 2023 with Page 10 [36] Learned senior counsel refers to the judgment of (2015) 1 SCC 347 para 22 for equal treatment to identically situated persons and (2023) 8 SCC 116 para 16 & 17 to the principle of approbate and reprobate and inapplicability of contradictory plea. Learned senior counsel also relies on the judgment of the Hon'ble Supreme Court Calcutta State Transport Corporation v. Ashist Chakraborty: http:/indiankanoon.org/doc/7125977 that the employees should not be made to suffer for the lapse on part of the employer. Learned senior counsel also refers to another order of Division Bench of this Court vide order dated 20.11.2023 in writ appeal being WA No. 90 of 2023 that the employees cannot be made to suffer for failure of the employer to forward their names for absorption to the State Government. It is prayed that the writ appeals be dismissed being devoid of any merit. [37] On the other hand, Mr. L. Shashibhushan, learned senior counsel for respondent No. 4, who is the writ appellant in cross writ appeal being WA. No. 102 of 2023, raises the issue concerned with the finding of the Writ Court in the impugned order dated 17.10.2019 to the effect that the respondent Nos. 1, 2 & 3 were appointed on the same date vide order dated 21.11.2017.