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SCA/3211/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3211 of 2010
=========================================================
USHABEN
DINUBHAI CHUDHRI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MS
TEJAL K SHAH for Petitioner(s) : 1,
MR JK SHAH AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 12/03/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for the following
reliefs :-
[A]
Yours Lordships may be pleased to admit and allow this petition;
[B]
Your Lordships may be pleased to issue a writ of mandamus or writ in
the nature of mandamus or any other appropriate writ and or direction
u/s. 226 of the Constitution of India appropriate writ and or order,
your Lordships may be pleased to hold and declare that the petitioner
was directly appointed as Mahila Karyakar from 01.10.1979 and that he
is entitled to 4th higher pay scale from 01.01.1986, and
to 5th higher pay scale from 01.01.1996, which pay scale
of the post of Mahila Karyakar carried at the relevant time and pay
the difference of higher pay to the petitioner with 12% interest till
the date of payment in consonance with 4th and 5th
pay commission.
[C]
……
[D]
…..
2. After
arguing the matter and when learned counsel for the petitioner
realized that this Court is not inclined to entertain this petition,
she requested the Court that the petitioner may be granted liberty to
make appropriate representation to the respondent-authority in the
subject matter and that necessary directions may be issued to the
respondent-authority to consider the same.
3. In
view of the above request made by learned counsel for the petitioner,
it is observed that if the petitioner makes a representation to the
respondent-authority, in the subject matter, then the same shall be
considered by the appropriate authority keeping in mind the decision
rendered by this Court in Special Civil Application No. 6606 of 2008
and allied matters dated 19.12.2008 and shall dispose of the same,
within a period of three months from the receipt of such
representation from the petitioner. With the above observations, the
petition stands disposed of.
Direct
Service is permitted.
[K.S.JHAVERI,
J.]
/phalguni/
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