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MCA/1528/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1528 of 2010
In
SPECIAL
CIVIL APPLICATION No. 17976 of 2003
=========================================================
GOBAR
MAHADEV HIRPARA - Applicant(s)
Versus
DHORAJI
NAGARPALIKA THROUGH CHIEF OFFICER & 2 - Opponent(s)
=========================================================
Appearance
:
MR
HD RANA for
Applicant(s) : 1,
MR PREMAL R JOSHI for Opponent(s) : 1,
MS CM
SHAH, LD.ASST.GOVERNMENT PLEADER for Opponent(s) : 2,
None for
Opponent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 05/08/2010
ORAL
ORDER
By
way of present application, the applicant has prayed for recalling
the order dated 17th June 2010 passed by this Court in
Special Civil Application No.17976 of 2003 with Civil Application
No.1111 of 2008, whereby in view of the statement made by Mr.Premal
Joshi, learned advocate for the opponent No.1, the main petition has
been disposed of.
It
is pertinent to note that present application for recalling the
order dated 17th June 2010 is filed with a prayer to
recall the said order since the outstanding amount of the applicant
in respect of retiral dues and his entitlement for pension have not
been paid yet. The applicant has also prayed for interest on the
aforesaid amounts.
Looking
to the overall facts and circumstances of the case, contentions
raised by the learned advocate for the applicant, averments made in
present application as well as in the main petition along with
documentary evidence
produced on record, I am of the opinion that the applicant has
sought for reliefs under different heads like pension, gratuity,
leave encashment, surrendered leave, interest on the said amounts,
etc. in present application as well as in the main petition and,
therefore, he is required to approach the appropriate fora for the
said reliefs since for payment of amount of gratuity, leave
encashment, surrendered leave, pension, etc. he will have to
approach the appropriate authority in accordance with law. It will
not be appropriate for this Court to entertain present application
for recalling the said order dated 17th June 2010 since
the said order was passed in view of the statement made by Mr.Premal
Joshi, learned advocate for the opponent No.1.
In
view of aforesaid, no case is made out by the learned advocate for
the applicant to recall the order dated 17th June 2010.
Hence, the present application stands rejected accordingly.
(K.S.
Jhaveri, J)
Aakar
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