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SCA/8785/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8785 of 2011
=========================================================
VIKRAMBHAI
KHENGARBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH DIRECTOR OF WELFARE OF SCHECULE & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
MA PAREKH for
Petitioner(s) : 1,
MR AL SHARMA, AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/07/2011
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
In
present petition, prayer made by petitioner in paragraph 14(B) to
direct authorities to permit petitioner to resume duty with
respondent No.3 – Seva Sangh, Ashram Shala or to accommodate
petitioner to any Ashram Shala of Patan District in view of order
passed by respondent No.1 as per Annexure ‘E’.
According
to petitioner, he was selected by respondent No.3 Sami Taluka Seva
Sangh for post of Ashram Shala teacher after getting necessary N.O.C.
from concerned authority and thereafter, petitioner was given
appointment being teacher. Respondent No.3 Seva Sangh had got
approval of appointment of petitioner for post of teacher from
respondent No.2 – Welfare Office of Schedule Caste (Jilla
Panchayat – Varg Kalyan Adhikari) and respondent No.3 –
Seva Sangh had obtained signature of petitioner on payment of full
salary of Rs.7,500/- but had been paying only Rs.2,000/- to 2,500/-
only, though petitioner had continued in service receiving less
salary than for entitled. A complaint was made by petitioner in
respect of payment of less salary and respondent No.2 has kept
hearing on 24th July, 2006 with reference to complaint
dated 14th July, 2006. On 12th July, 2006,
respondent No.2 Seva Sangh without prior notice or giving opportunity
of being heard or any written intimation to petitioner, had decided
discontinued service of petitioner and therefore, petitioner had
served notice to respondent No.3 on 23rd December, 2006.
Ultimately, one application was preferred before Tribunal being No.1
of 2007 by petitioner, where, all contentions have been raised by
petitioner, but, unfortunately, on 29th April, 2010,
Primary Education Tribunal had adjourned all matters sine die
because of pendency of proceedings before this Court in respect of
Special Civil Application and Letters Patent Appeal as referred in
order of Tribunal.
In
light of this background, learned advocate Mr. Parekh appearing on
behalf of petitioner submitted that if this Court may direct
respondents to consider case of petitioner as per Annexure ‘E’ order
dated 4th October 2006 within some reasonable time, then,
he is prepared to withdraw application made before Primary Education
Tribunal being Application No.1 of 2007.
Therefore,
let petitioner may withdraw Application No.1 of 2007 pending before
Primary Education Tribunal and on that condition, it is directed to
respondent Nos.1 and 2 to consider case of petitioner being a teacher
in Ashram Shala remained continue in pursuance of order dated 4th
October, 2006 and also examine case of petitioner and decide it in
accordance with law, rules and regulations within a period of two
months from date of receiving copy of present order and communicate
decision to petitioner immediately.
In
view of above observation and direction, present petition is disposed
of by this Court without expressing any opinion on merits.
Direct
service is permitted.
[H.K.
RATHOD, J.]
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