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SCA/5973/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5973 of 2011
=========================================================
KESHAVLAL
GANESHBHAI GURJAR - Petitioner(s)
Versus
SECRETARY
& 3 - Respondent(s)
=========================================================
Appearance
:
MR
BS BRAHMBHATT for
Petitioner(s) : 1,
MR MAULIK NANAVATI AGP for Respondent(s) :
1-3,
NOTICE SERVED for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/07/2011
ORAL
ORDER
1. Heard
learned advocate Mr.B.S.Brahmbhatt for petitioner and learned AGP
Mr.Maulik Nanavati for respondent Nos.1 to 3.
2. In
respect to grievance voiced in present petition, petitioner has
already made representation to respondent No.4 which remained
undecided and no response is given by respondent No.4.
3. In
view of above, respondent No.4 – Municipal Commissioner,
Gandhinagar Municipal Corporation is directed to decide such
representation which has been made by petitioner against denial of
benefit of higher grade on the basis of adverse remarks which have
been passed against present petitioner. Let this aspect may be
re-examined by respondent No.4 and thereafter, to pass appropriate
reasoned order in accordance with law, within a period of 3 months
from date of receiving copy of present order and communicate the
decision to petitioner.
4. In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
5. However,
in case if ultimate decision is adverse to petitioner, it is open for
petitioner to challenge the same before appropriate forum in
accordance with law.
[
H.K.RATHOD, J. ]
(vipul)
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