Gujarat High Court Case Information System
Print
LPA/1628/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1628 of 2009
In
SPECIAL
CIVIL APPLICATION No. 4998 of 2009
=========================================
AJRA
HIMMATKUMAR NARANBHAI & 3 - Appellant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================
Appearance :
MR
SP MAJMUDAR and MR PP MAJMUDAR for the Appellants.
Mr. GOVERNMENT
PLEADER for Respondent nos. 1 to 4.
RULE SERVED for Respondent
no.5.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 26/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard learned Advocate Mr. S.P.Majmudar, learned advocate Mr.
B.B.Gogia appearing for the appellants/petitioners and Mr.Kamal
B.Trivedi, learned Advocate General assisted by learned Assistant
Government Ms. Sangeeta Vishen.
2. Affidavit-in-reply
has been filed. Learned Assistant Government Pleader Ms. Sangeeta
Vishen shall file a chart which will give district-wise cadre
strength of constables, head constables and Assistant Sub Inspectors.
Another chart shall be filed giving region-wise cadre of constables,
head constables and Assistant Sub Inspectors in each region and how
the seniority has been fixed if there are two or more districts in a
region. It shall be further explained in the affidavit that when in
1997, in pursuance of the Government Resolution passed on 21st July,
1997, Annexure “R” to the affidavit-in-reply at page 321,
how district-wise seniority and regional seniority are being
maintained and what was the manner and mode prescribed by the
Government in this regard shall also be brought on record. Whether
there was any merger in the seniority list and if there was no
merger, why two separate seniorities were going on shall be
explained. If there was a merger of seniority list of district cadre
of a region, then what was the criteria adopted by the State
Government for the merger of seniority list shall also be brought on
record.
3. Learned
counsel for the appellants has urged that for redressing the
grievances of the appellants, the State Government should come out
with some fair proposal which may redress the grievances of the
appellants because cadre of constables is a large cadre and there
should not be any stagnation in the cadre of constables. Learned
Advocate General has very fairly stated that he would take up the
matter with the State Government and shall find out as to whether the
grievances of the appellants could be redressed in any manner. For
this purpose, he prays for and is allowed two months’ time. List this
matter on 1st July, 2011. On that date, learned Advocate General may
place the proposal of the State Government on record alongwith
affidavit.
4.
List this matter on 1st July, 2011.
(V.M.Sahai,J)
(G.B.Shah,J)
***vcdarji
Top