Gujarat High Court Case Information System
Print
SCA/2396/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2396 of
2011
=========================================================
N
D KADAKIA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY - Respondent(s)
=========================================================
Appearance
:
MR.
A.S. SUPEHIA FOR MR. IS SUPEHIA
for
Petitioner(s) : 1,
MR. L.B. DABHI, ASST. GOVERNMENT PLEADER for
Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 28/02/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“14) The
petitioner therefore prays that this Hon’ble Court may be pleased to
issue a writ of mandamus or any other writ, direction or order:
A) Directing
the Respondent to decide the representation dt.8.2.2010 of the
petitioner regarding his seniority, within one month and to
communicate the result forthwith.
B) During
the pendency and final disposal of this petition the respondent may
be directed to decide the representation dt.8.2.2010 of the
petitioner.
C) To
grant such and further relief as may be deemed fit and proper.”
2. Heard
Mr. A.S. Supehia, learned advocate for Mr. I.S. Supehia, learned
counsel for the petitioner. It is submitted by him that the
petitioner had resigned from service on 05.06.1981 and he was denied
seniority and other benefits. He filed Special Civil Application
No.7143 of 2009, which came to be disposed of, as withdrawn by order
dated 30.07.2009 with the certain observations, including the fact
that the petitioner was desirous of making a representation, as
regards his pay, pension and leave benefits. The petitioner made a
representation on 01.09.2009, as a result of which, the State
Government, by order dated 13.10.2009, decided to join the period of
break-in service from 19.11.1981 to 20.07.1982(245 days in all).
3. The
period of break-in service of the petitioner with effect from
19.11.1981 to 20.07.1982 has been treated as leave without pay, and
the services of the petitioner have been treated as continuous for
the purpose of pay, pension and leave. In view of the above, the
petitioner made another representation dated 08.02.2010, requesting
the respondent to count his service period before 19.11.1981 for the
purpose of seniority. This representation has been forwarded by the
Superintending Engineer, Vadodara to the respondent by letter dt. Nil
of 2010, annexed as Annexure-‘D’ to the petition. However, no
decision has been arrived by the respondent upon this representation.
Therefore, the interest of justice would be met, if directions are
given to the respondent to consider and decide the same,
expeditiously.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:-
The
respondent shall consider and decide representation dated 08.02.2010,
made by the petitioner, in accordance with law and within a period of
three months from the date of receipt of a copy of this order.
It
is clarified that while passing this order, the Court has not entered
into the merits of the case.
4. The
petition is disposed of, in the above terms.
(Smt. Abhilasha Kumari, J.)
Safir*
E=1 STYLE=”font-size: 8pt”>Safir*
Top