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SCA/16486/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16486 of 2010
=========================================================
DEEPAK
BHANUPRASAD PANDYA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Petitioner(s) : 1,MR PP MAJMUDAR for Petitioner(s) : 1,
MR. JANAK
RAVAL, ASST. GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 27/12/2010
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“(A) YOUR
LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the
nature of mandamus or any other appropriate writ, order or directions
directing respondent No.1 to decide appeal of the petitioner(at
ANNEXURE-R hereto) within a period of 15 days from the date of order
in the present petition;
(B) YOUR
LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the
nature of mandamus or any other appropriate writ, order or directions
quashing and setting aside 20.04.2010, 02.07.2010 and 30.10.2010
passed by respondent No.2(at ANNEXURE-E, ANNEXURE-J and ANNEXURE-P
hereto) and further be pleased to allow the petitioner to retire
voluntarily with all consequential benefits;
(C) During
the pendency and final disposal of the present petition, YOUR
LORDSHIPS may be pleased to direct respondent No.1 authority to
decide the appeal of the petitioner(at ANNEXURE-R hereto) within a
period of 15 days from the date of order in the present petition;
(D) Pass
any such order and/or further orders that may be thought just and
proper, in the facts and circumstances of the present case;”
2. At
the outset, Mr. S.P. Majmudar, learned advocate for the petitioner
states that the interest of justice would be met, if respondent No.1
is directed to decide the Appeal of the petitioner dated 4th
November, 2010, within a stipulated period of time and liberty is
reserved to the petitioner to approach this Court in case of
difficulty, on the same cause of action.
3. Upon
the above statement being made by the learned advocate for the
petitioner, it is directed that respondent No.1 shall decide the
Appeal of the petitioner dated 4th November, 2010, within
a period of two months from the date of receipt of a copy of this
order.
Insofar
as the other prayers made in the petition are concerned, the
petitioner is at liberty to approach this Court, in case of
difficulty.
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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