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SCA/964920/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9649 of 2008
=========================================================
NARENDRA
LALAJI RUPAREL - Petitioner(s)
Versus
DISTRICT
PRIMARY EDUCATION OFFICER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AS ASTHAVADI for
Petitioner(s) : 1,
MR PREMAL R JOSHI for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 2 - 3.
MR SHIVANG SHUKLA AGP for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 11/09/2008
ORAL
ORDER
1.0. The
petitioner by way of this petition has prayed to quash and set aside
the impugned order dated 23rd February, 2001.
2.0. The
short facts of the case are :-
2.1. The
petitioner was working as a primary teacher with the respondent no.
1. It is the case of the petitioner that the respondent no. 1, by
impugned order dated 23rd February, 2001, removed the
petitioner from the service on the ground of continuous absenteeism.
It is further the case of the petitioner that though various
representations have been made to the respondent to consider his case
sympathetically, but till date no reply is received from the
authority. It is also the case of the petitioner that though his date
of retirement, had he been in service is also passed, the
respondent-authority has not paid him the legitimate
retirement/terminal dues. Hence, this petition.
3.0. Heard
learned counsel for the parties. From the evidence on record, it
appears that the petition is time barred in view of the fact that the
impugned order was passed on 23rd December, 2001 and the
petitioner has approached this Court only in the year 2008, i.e.
after a gap of about seven years. Hence, the petition deserves to be
rejected on this ground alone and the same is hereby rejected. Notice
is discharged.
[K.S.
JHAVERI, J.]
/phalguni/
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