Gujarat High Court High Court

Fataji vs Gujarat on 30 August, 2011

Gujarat High Court
Fataji vs Gujarat on 30 August, 2011
Author: H.K.Rathod,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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SCA/12964/2011	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 12964 of 2011
 

 
 
=========================================================

 

FATAJI
TEJAJI THAKOR - Petitioner(s)
 

Versus
 

GUJARAT
WATER SUPPLY & SEWERAGE BOARD & 3 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
SHAILESH C SHARMA for
Petitioner(s) : 1, 
GOVERNMENT PLEADER for Respondent(s) : 1, 
None
for Respondent(s) : 2 -
4. 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE H.K.RATHOD
		
	

 

 
 


 

Date
: 30/08/2011 

 

 
 
ORAL
ORDER

Heard
learned Advocate Mr. SC Sharma for petitioner and Mr. AL Sharma,
learned AGP appearing for respondent State Authority.

In
this petition, petitioner is praying for following reliefs as per
paragraph 9(B) and 9(C) of petition:

“9(B)
YOUR LORDSHIPS be pleased to issue writ of mandamus or any other
appropriate writ in nature of mandamus and issue a direction to
respondents to grant the seniority and promotion to the present
petitioner on the post of Fitter as well as to grant the Higher Pay
Scale of Rs.1200-2040 and different of revised pay scale in the
interest of justice.

(C)
YOUR LORDSHIPS be pleased to grant the seniority and promotion to
the present petitioner on the post of fitter as well as to grant the
Higher Pay Scale of Rs.1200-2040 and different of revised pay scale
as per the similar situated persons identical matter Special Civil
Application No.12128 of 1994 and Special Civil Application No. 12129
to 12135 of 1994 and decided the claim of the petitioner by the
respondent board within a period of three months in the interest of
justice.”

Thus,
petitioner is claiming seniority as well as on that post promotion.
For that, learned advocate Mr. Sharma for petitioner has relied upon
decision of this Court given in Special Civil Application No. 612 of
1994 with SCA No. 12128 of 1994 with SCA No.12129 of 1994 to 12135
of 1994 dated 30.12.2004 which is at page 14.

In
light of these facts, considering prayers made by petitioner in this
petition, let petitioner may make detailed representation to
respondent authority within one month from date of receipt of copy
of this order and also to supply copy of order of this court in
Special Civil Application No. 612 of 1994 with SCA No. 12128 of 1994
with SCA No.12129 of 1994 to 12135 of 1994 dated 30.12.2004 to
respondent authority along with representation that may be made by
petitioner.

As
and when such representation made by petitioner is received by
respondent authority along with decision of this court as referred
to above, it is directed to respondent authority to consider such
representation on the basis of decision of this Court in Special
Civil Application No. 612 of 1994 with SCA No. 12128 of 1994 with
SCA No.12129 of 1994 to 12135 of 1994 dated 30.12.2004 and pass
appropriate reasoned order within three months from date of receipt
of representation from petitioner and then to communicate decision
immediately to petitioner.

With
these observations and directions, this petition is disposed of by
this Court without expressing any opinion on merits.

Direct
Service is Permitted.

(H.K.

Rathod,J.)

Vyas

   

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