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SCA/8596/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8596 of 2011
=========================================================
NIRMALA
P.SHARMA - Petitioner(s)
Versus
COMMISSIONER
& 1 - Respondent(s)
=========================================================
Appearance
:
MR
HASIT H JOSHI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/07/2011
ORAL
ORDER
Heard
learned advocate Mr. HH Joshi on behalf of petitioner.
In
present petition, prayer made in para 14(B) by petitioner to direct
respondents to appoint petitioner as Junior Clerk on regular basis
in regular pay scale with effect from date on which persons junior
to petitioner were appointed as Junior Clerk and further direct
respondents to pay arrears to petitioner for interim period.
Earlier one petition was preferred by petitioner before this Court
being SCA no. 4661/2010, wherein order has been passed by this Court
on 20/4/2010, which is quoted as under:
During
the course of hearing, Mr.Hasit Joshi, learned
advocate for the petitioner, has
submitted that the representation dated 22nd December
2008 made by the petitioner to the respondent
No.2 has not been decided till date by him. Therefore, if this Court
may direct the respondent No.2 to decide the said representation,
the petitioner may not press this petition.
In
view of aforesaid, the respondent No.2 is directed to decide the
representation dated 22nd December 2008 made by the
petitioner at Annexure-D (page No.20)
to the petition in accordance with law at the earliest.
In
view of aforesaid, the learned advocate for
the petitioner does not press
this petition. The petition stands disposed of as not pressed
accordingly. It is, however, made clear that this Court has not
entered into merits of the matter.
In
pursuance to order passed by this Court, detailed representation has
been made by petitioner to Principal, Shri VM Mehta College on
27/4/2010 at page 22, which remained unanswered and no detailed
order has been passed by respondent.
Therefore,
it is directed to respondent to consider representation made by
petitioner dated 27/4/2010 because this Court has directed to
petitioner to make representation and to pass appropriate reasoned
order as early as possible within a period of three months from date
of receiving copy of such representation and communicate decision to
petitioner immediately.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits.
However, in case if ultimate decision is adverse to petitioner it is
open for petitioner to challenge same before appropriate forum in
accordance with law. Direct service is permitted.
(H.K.RATHOD,
J)
asma
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