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SCA/1292/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1292 of 2011
=========================================================
RANABHAI
GAMELBHAI GHOHIL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MS
TEJAL K SHAH for
Petitioner(s) : 1,
MR. PRANAV TRIVEDI, ASST. GOVERNMENT PLEADER
for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 04/02/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“[A] “YOUR
LORDSHIPS TO admit and allow this petition.
[B] “YOUR
LORDSHIPS may be pleased to issue a write of mandamus or writ in
the nature of mandamus or any other writ order and or direction u/s
226 of the constitution of India appropriate writ and or order, your
Lordships may be pleased to hold and declare that the petitioner was
directly appointed as Agricultural-sayonjak from 01/03/1980 and that
he is entitled for revised pension and revised pay and other
retirement benefits on the post of Agricultural-sayonjak carried at
the relevant time.
[C] “YOUR
LORDSHIPS To issue direction to the respondents to releases all
consequential retrial benefits taking the entire service of the
petitioner from 01/03/1980 to 30/11/2006 as continuous on the basis
of judgment and order has passed in special civil application no.6992
of 2002 in order passed on 09/03/2006 here it is also marked as
annexure –
[D] “YOUR
LORDSHIPS may be pleased to Any other relief which is suitable
and necessary in the circumstances of this case be granted.
[E] “YOUR
LORDSHIPS may be pleased to the cost of this petition be
granted.”
2. At
the very outset, Ms. Tejal K. Shah, learned advocate for the
petitioner states that the interest of justice would be met, if
respondent No.1 is directed to consider and decide the representation
dated 09.02.2010 (Annexure-‘F’) made by the petitioner, as
expeditiously as possible.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:-
Respondent
No.1 shall consider and decide representation dated 09.02.2010
(Annexure-‘F’) made by the petitioner, as expeditiously as possible,
and preferably within a period of three months from the date of
receipt of a copy of this order.
It
is clarified that while passing the order, the Court has not entered
into the merits of the case.
4. The
petition is disposed of, in the above terms.
Direct
Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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