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SCA/626/2011 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 626 of 2011
=========================================================
BHIKHABHAI
CHANDUBHAI RATHODIA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH MINISTRY OF ROAD & BUILDING & 1 -
Respondent(s)
=========================================================
Appearance
:
MR.B
K.RAJ for
Petitioner(s) : 1,
MR KP RAWAL, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 31/01/2011
ORAL
ORDER
Leave
to amend the cause title so as to indicate the correct nomenclature
of respondent No.1 is permitted. The amendment may be carried out,
forthwith.
This
petition under Article 226 of the Constitution of India has been
filed, with the following prayers :
(7.1)May
Your Lordships be please to admit and allow this application.
(7.2)May
Your Lordships be please to issue a Writ Mandamus or any other
appropriate writ, command order or direction to grant the grade of
road-roller-driver and all the benefits connected with that and the
due salary and other benefits since 13/04/07 of the
road-roller-driver.
(7.3)During
the pendency of this petition for admission and final hearing, May
Your Lordships be please to order for the grant of the salary and
other benefits of the road roller driver.
(7.4)May
Your Lordships be please to grant any other relief which may be
prayed at the time of the hearing in the interest of the real,
complete and substantial justice.
(7.5)May
Your Lordships be please also be please to grant any other relief
which may be fit and appropriate in the facts and circumstances of
the case.
It
is submitted by Mr.B.K.Raj, learned counsel for the petitioner that
the petitioner has made representations dated 17.6.2008 and 14.9.2009
to respondent No.2, which have not been responded to, till date. It
is further submitted that the interest of justice would be met, if
the petitioner is permitted to make a fresh representation to
respondent No.1, who may be directed to consider and decide the same
expeditiously.
Upon
the above statement being made by the learned counsel for the
petitioner, the following order is passed :
The
petitioner is permitted to make a fresh representation to respondent
No.1 within a period of two weeks from today.
In
the event that the petitioner makes a representation within the
stipulated period of time, respondent No.1 shall consider and decide
the same, in accordance with law, as expeditiously as possible, and
preferably within a period of three months from the date of receipt
thereof.
It
is clarified that while passing this order, the Court has not entered
into the merits of the case.
The
petition is disposed of, in the above terms.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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