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SCA/12972/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12972 of 2011
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JYANTILAL
HARILAL CHAUHAN - Petitioner(s)
Versus
SPECIAL
SECRETARY NARMADA IRRIGATION AND WATER & 3 - Respondent(s)
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Appearance
:
MR
DM DEVNANI 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. Devnani for petitioner and Mr. AL Sharma,
learned AGP for respondent State Authority.
In
this petition, petitioner is praying for following reliefs as per
paragraph 15(B) and (C) of memo of petition:
“15(B) This
Hon’ble Court may be pleased to issue appropriate writ, or order to
direct the respondent authority to extend the benefits of work
charge assistant in favour of the present petitioner as per
Government Circular dated 29.1.1990 read with notification dated
5.10.2006.
(C)
Pending admission, hearing and final disposal of this petition, this
Hon’ble Court may be pleased to direct the respondent authority to
issue necessary order for extending benefits of work assistant in
favour of the petitioner forthwith.”
Reliance
was placed by learned advocate Mr. Devnani for petitioner upon order
of this court in Special Civil Application No. 7612 of 2011 dated
22.6.2011 wherein this court has directed respondent authority to
consider representation made by petitioner in that case and also to
examine case of petitioner therein in view of order of this court
in Special Civil Application No. 7323 of 2010 dated 25.6.2010 and
Special Civil Application No. 5661 of 2011 dated 28.4.2011 and,
thereafter, this court has passed following order in para 5 of
aforesaid order dated 22.6.2011:
“5. In
light of aforesaid three orders passed by this court in identical
matters, hence, after receiving representation from petitioners by
respondents, it is directed to respondents to consider
representation which will be made by petitioners and then also to
examine case of petitioners in view of order of this court in
Special Civil Application No. 7323 of 2010 dated 25.6.2010 and
Special Civil Application No. 5661 of 2011 dated 28.4.2011 and also
to consider Office Order No.85 of 2011 dated 2nd April,
2011 issued by respondents in pursuance to order passed by this
Court in Special Civil Application No.7323 of 2010 in favour of
petitioners of that petition and also to consider as to whether case
of petitioners are exactly similar to other cases which have been
referred to above or not and then to pass appropriate reasoned order
within period of two months from date of receiving representation
from petitioners and immediately communicate order to petitioners as
early as possible. Let petitioners may supply copy of order of this
court dated 25.6.2010 in Special Civil Application No.7323 of 2010
and copy of order of this court dated 28.4.2011 in Special Civil
Application No. 5661 of 2011 and also to supply copy of office order
dated 85/11 dated 2nd April, 2011 along with
representation that may be made by petitioners to respondents. ”
In
view of these observations made by this Court in Special Civil
Application No. 7612 of 2011 dated 22nd June 2011, let
petitioner may make detailed representation to respondent authority
within one month from date of receipt of copy of present order.
As
and when such representation made by petitioner is received by
respondent authority, it is directed to respondent authority to
consider representation which will be made by petitioner and then
also to examine case of petitioner in view of order of this court in
Special Civil Application No. 7323 of 2010 dated 25.6.2010 and
Special Civil Application No. 5661 of 2011 dated 28.4.2011 and also
to consider Office Order No.85 of 2011 dated 2nd April,
2011 issued by respondents in pursuance to order passed by this
Court in Special Civil Application No.7323 of 2010 in favour of
petitioners of that petition and also to consider as to whether case
of petitioner herein is exactly similar to other cases which have
been referred to above or not and then to pass appropriate reasoned
order within period of two months from date of receiving
representation from petitioners and immediately communicate order to
petitioners as early as possible. Let petitioners may supply copy of
order of this court dated 25.6.2010 in Special Civil Application
No.7323 of 2010 and copy of order of this court dated 28.4.2011 in
Special Civil Application No. 5661 of 2011 and also to supply copy
of office order dated 85/11 dated 2nd April, 2011 along
with representation that may be made by petitioner to respondents.
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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