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CA/9617/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 9617 of 2011
in
MISC.
CIVIL APPLICATION NO. 2577 of
2011
=================================================
BR
SOLANKI & 3 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=================================================
Appearance
:
MR BS BRAHMBHATT for
Petitioner(s) : 1 - 4.
Mr N J Shah, Asstt. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 07/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr B S Brahmbhatt, learned counsel for the applicant and
Mr N J Shah, learned AGP for the respondent. Mr Brahmbhatt, learned
counsel has urged that neither upgradation of post of Driver nor
higher pay scale for the post of Driver has been granted by the
respondent and the court has committed mistake in observing that the
upgradation and the higher pay scale admissible to the petitioners
has been granted by relying upon the statement made by the learned
AGP.
Rule.
Mr N J Shah, learned AGP waives service of Rule on behalf of the
respondent in the delay condonation application as well as on the
Review Petition. In the facts and circumstances,
the delay condonation application is allowed. The delay in filing
the Misc. Civil Application for review is condoned. Rule is made
absolute.
Misc.Civil
Application No.2577 of 2011
In
view of the arguments of the learned counsel for the parties, this
Review Application is allowed. The order dated 27.4.2011 passed by
this Court is recalled. The matter shall not be listed before this
Court and shall not be treated as part-heard and the same may be
placed before some other Bench on which both of us are not Members,
after obtaining permission from the Hon’ble The Chief Justice.
[V
M SAHAI, J.]
[G
B SHAH, J.]
msp
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