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SCA/9035/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9035 of 2011
=========================================================
VIJAYKUMAR
B JOSHI - Petitioner(s)
Versus
SECRETARY
& 2 - Respondent(s)
=========================================================
Appearance
:
MS
SRUSHTI A THULA for
Petitioner(s) : 1,
MR MAULIK NANAVATI, AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/07/2011
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
The
order which has been passed by respondent on 1st April
2009, page 18, Annexure ‘A’ is under challenge, wherein, it has been
decided by respondents that petitioner is not entitled benefit of
higher grade as per Government Resolution dated 16th
August, 1994.
The
petitioner has already retired from service in year of 2005 and
claiming benefit of first higher grade benefit w.e.f. 1995. For that,
in between, no decision has been taken by other side and even no
sincere efforts have been made by petitioner.
Therefore,
in light of this background, let petitioner may make detailed
representation to respondents against order dated 1st
April, 2009, page 18, Annexure ‘A’ within a period of one month from
date of receiving copy of present order.
As
and when respondents receive such representation from petitioner, it
is directed to respondents to reconsider and reexamine matter and
also to reconsider decision dated 1st April, 2009 after
considering representation made by petitioner and pass appropriate
reasoned order within a period of three months from date of receiving
copy of present order 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,
it is made clear that in case, if ultimate decision is adverse to
petitioner, it is open for petitioner to challenge same before
appropriate forum by filing appropriate proceedings in accordance
with law.
Direct
service is permitted.
[H.K.
RATHOD, J.]
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