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SCA/6044/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6044 of 2006
=========================================================
DEVCHAND
B. MAHALE SRP GROUP VII, - Petitioner(s)
Versus
THE
STATE OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VM DHOTRE for
Petitioner(s) : 1,
MR
LB DABHI, A.G.P. for
Respondent(s) : 1,
NOTICE
SERVED for
Respondent(s) : 1
- 3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/11/2006
ORAL
ORDER
1. Heard
the learned advocate Mr. V.M. Dhotre appearing on behalf of the
petitioner and learned A.G.P. Mr. Dabhi appearing on behalf of the
respondent ? State.
2. The
grievance of the present petitioner is that benefit of 1st
Higher Grade in the post of P.S.I. is not granted by the respondent
though his case is covered by the decision of this Court passed in
Special Civil Application No.9538 of 2001 dated 3rd March
2005.
3. Learned
A.G.P. Mr. Dabhi submitted that petitioner will make detailed
representation to the respondent on the basis of the decision
referred above, the respondent will consider the matter and pass
appropriate reasoned order within some reasonable time.
4. In
view of aforesaid submissions made by both the learned advocates
appearing on behalf of the respective parties, it is open for the
petitioner to make detailed representation about the grievance voiced
in the present petition along with the decision which has been relied
by the petitioner to the respondent within a period of one months
from the date of receiving the copy of the said order.
5. As
and when the respondent received the said representation from the
petitioner, it is directed to the respondent to consider the same and
examine the grievance of the petitioner in light of the decision
which has been relied by the petitioner and pass appropriate reasoned
order in accordance with law within a period of two months from the
date of receiving the copy of said representation from the petitioner
and communicate the same to the petitioner immediately.
6. In
view of above observations and direction, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
7. However,
in case, if, ultimate decision /conclusion of the respondent –
authority is against the petitioner, it is open for the petitioner to
challenge the same before appropriate forum in accordance with law.
[H.K.
RATHOD, J.]
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