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SCA/9159/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9159 of 2010
=========================================================
PRATAPBHAI
BHAGWANBHAI RAWAL - Petitioner(s)
Versus
PRESIDENT/
MANTRISHI & 3 - Respondent(s)
=========================================================
Appearance
:
MS
TRUSHA H MEHTA for
Petitioner(s) : 1,
MR RR VAKIL for Respondent(s) : 1 -
2.
GOVERNMENT PLEADER for Respondent(s) : 3,
NOTICE SERVED for
Respondent(s) :
4,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 24/11/2010
ORAL
ORDER
1. After
hearing Ms. Trusha H. Mehta, learned advocate for the petitioner for
some time, attention is drawn to the operative part of the impugned
judgment dated 16.09.2009 of the Gujarat Secondary Education
Tribunal. The relevant extract reads as follow:-
In
view of the above discussion, this application fails except his
prayers for the benefit of 3-tier payscale and the salaries for
November 2004 and December 2004. It is held that the applicant has
not withdrawn resignation before it became effective. The applicant
is permitted to approach the school management and the D.E.O. qua
these two prayers within reasonable time. If the applicant approaches
the respondents they shall render decision on the same as early as
possible preferably within a period of 3 months. This application is
accordingly disposed of. No order as to costs.
2. It
is clear therefrom that the petitioner was permitted to approach the
School Management and the D.E.O. regarding the payment of 3-tier
payscale and salary for the months of November 2004 and December
2004. The learned counsel for the petitioner submits that the
petitioner has not approached the School Management and the D.E.O.
qua these two prayers, but the petitioner shall do so as
expeditiously as possible. In the event that the petitioner
approaches the School Management and the D.E.O. regarding issues of
3-tier payscale and salary for the months of November 2004 and
December 2004, the said Authority shall consider and decide the same,
in accordance with law.
3. In
view of the above statement made by the learned counsel for the
petitioner, the scope of the petition is now confined to the issue
regarding withdrawal of the resignation of the petitioner.
4. Mr.
Rashesh Rindani, learned Assistant Government Pleader prays for time
in order to file an affidavit-in-reply on behalf of respondent No.3,
D.E.O., Narmada. An advance copy of the reply be supplied to the
learned counsel for the petitioner, who may file an
affidavit-in-rejoinder, if so desired, by the next date of hearing.
List
on 16.12.2010.
(Smt. Abhilasha Kumari, J.)
Safir*
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