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CA/2825/2005 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 2825 of 2005
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 288 of 2005
In
SPECIAL CIVIL APPLICATION No. 2921 of 1988
With
CIVIL
APPLICATION (Stamp) No.1674/2005
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 288 of 2005
In
SPECIAL CIVIL APPLICATION No. 2921 of 1988
=========================================================
BARIA
DALSUKHBHAI MANABHAI - Applicant(s)
Versus
DIST.
INSPECTOR OF LAND RECORSCUM LAND CONSOLIDATION OFFICER & 3 -
Opponent(s)
=========================================================
Appearance
:
MR
VICKY MEHTA for MR BIPIN I MEHTA
for
Applicant
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 19/03/2010
ORAL
ORDER
(Per : HONOURABLE MS. JUSTICE
R.M.DOSHIT)
This
Application under Section 5 of the Limitation Act is filed by the
appellant for condonation of delay of 189 days occurred in filing the
above Letters Patent Appeal.
By
order dated 23rd September 2005 (Coram : Mr. Justice G.S.
Sanghvi, as he then was and Mr. Justice P.B. Majumdar), the
applicant was directed to file proper affidavit in support of the
application. Till this date, the supporting affidavit is not placed
on record. Learned advocate Mr. Vicky Mehta admits that the
applicant has not come forth to make further affidavit.
Though
the delay in filing the appeal is that of 189 days, this Application
has come up for hearing before us more than 5 years after the date of
filing. We have, therefore, considered it expedient to hear the
matter on merits to ascertain whether or not the appellant has made
out a prima facie case.
The
appellant writ petitioner was appointed as a Peon in the office
of the District Inspector of Land Records, Panchmahals. His service
was seasonal in as much as during the four months of monsoon, when
the field work is not in operation, his service is terminated. The
appellant, therefore, filed above Special Civil Application
No.2921/1998 for direction to give permanent appointment to the
appellant and to set aside the order of termination of service. Let
it be noted that the order of termination of service is not placed on
record.
The
question of continuous service of seasonal peons in the office of
District Inspector of Land Records has come up before this Court in
several other matters. One of such matters (Special Civil
Application No.2603/1982) came up before the Division Bench of this
Court (Coram : R.K. Abhichandani and D.H. Waghela, JJ). By judgment
and order dated 7th
March 2000, the said petition was dismissed. The Court observed, we
have no doubt that course of absorbing eight monthly peons in all
vacant post of full time peons which was promised under the affidavit
in reply must have been benefitted all of the petitioners by now.
However, the petitioners could not have claimed such absorption as a
matter of right. The petition is therefore rejected . Following
the said Division Bench judgment, the learned single Judge has
dismissed the above petition filed by the appellant.
We
agree with the decision of the Division Bench and consequently of the
learned Single Judge. In our view,
the Appeal is devoid of any merit. Moreover, in view of the passage
of 22 years since filing of the writ petition, the cause of action
may not survive. The present Application under Section 5 of the
Limitation Act circulated for orders more than 5 years after the date
of filing need not be entertained.
For
the aforesaid reason, the Application is rejected. Registration of
the Letters Patent Appeal (Stamp) No.288 of 2005 and the Civil
Application (Stamp) No.1674 of 2005 is refused.
(M.D.
Shah, J.) (Ms. R.M. Doshit, J.)
*menon
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