Gujarat High Court Case Information System
Print
SCA/11045/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11045 of 2010
=================================================
JAYSHREEBEN
S BHATT - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
MR
VICKY B MEHTA for Petitioner(s) : 1,
Mr.NIRAG PATHAK, ASST
GOVERNMENT PLEADER for Respondent(s) : 1,
None for Respondent(s) :
2,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/10/2010
ORAL
ORDER
The
present petition is filed praying that,
12
(b) to issue a writ of mandamus or any other appropriate writ, order
or direction quashing and setting aside the impugned communication/
letter dated 30/10/2009 passed by the respondent authority.
Communication
dated 30th
October 2009 is that,
Pursuant
to order, letter dated 7th
September 2009, it is to be intimated that as per the order passed by
the Hon’ble Gujarat High Court in your case dated 12.4.06, you are
not entitled to backwages for the days you were not in service.
The
learned advocate for the petitioner invited attention of the Court to
order of this Court dated 12th
April 2006, which is the order passed in Civil Application No.2504 of
2006 by this Court [Coram: Hon’ble Mr.Justice Akshay H. Mehta (as he
then was)] who decided the matter being
Special Civil Application No.10077 of 2003.
The Court was pleased to pass the following order:
For
the reasons stated above, the impugned order at
Annexure ” A” is required to be quashed and set aside and
accordingly, it is ordered to be quashed and set aside. The
respondents are directed to reinstate the petitioner on her
original post with continuity of service with all the
incidental benefits including full
back wages.’ (emphasis supplied)
The
learned advocate for the petitioner submitted that against this
judgement and order the respondents preferred Letters Patent Appeal
being Letters Patent Appeal No.1821 of 2004 and in that LPA, Hon’ble
Division Bench passed an order on 20th
December 2004, wherein the relevant part of the order reads as under:
In
view of the above, learned counsel Mr.Popat
seeks permission to withdraw this appeal with a liberty to
approach the learned Single Judge by way of review application
with a request that delay in filing the same may be condoned.
If the review application is filed within one month from today
with an application for condonation of delay, then we request
the learned Single Judge to consider and decide the same in
accordance with
law after condoning the delay.
The
very fact that backwages were awarded by the judgement and order
dated 16 th
February 2004 against which
Letters Patent Appeal was filed which too came to be disposed of as
withdrawn by order dated 20 th
December 2004, and a review
application which was filed also came to be disposed of by order
dated 12 th
April 2006,
to ask for backwages in the year
2010 by filing a fresh petition is barred by gross delay and only on
the ground of delay and laches the same is not entertained. The same
is dismissed. The Court restrains itself from imposing any cost.
(RAVI
R. TRIPATHI, J.)
karim
Top