Gujarat High Court
Gopaldas Gokaldas Shah vs State Of Gujarat & 2 on 5 January, 2015
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/18727/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18727 of 2014
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GOPALDAS GOKALDAS SHAH....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
SUNITA S CHATURVEDI, ADVOCATE for the Petitioner(s) No. 1
MR.DEVANG DAVE, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 05/01/2015
ORAL ORDER
1. Heard Ms.Chaturvedi, learned advocate for the petitioner and Mr.Devang Dave, learned Assistant Government Pleader, who has appeared on advance service of copy of the petition, for the respondent - State.
2. In present petition, the petitioner has prayed, inter alia, that:-
T " o direct the respondent authorities to consider the representation of the petitioner dated 01.12.2011 and direct them to act as per the application made by the petitioner for getting higher grade pay scale in accordance with law, along with consequential benefits of service."
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3. The grievance made by the petitioner in present petition is that though the petitioner has made representation ventilating his grievance with regard to his claim for higher grade pay- scale, the representation is yet not decided though the same is pending before the authority since December-2011.
4. With such factual background, the petitioner has taken out present petition and prayed for above quoted relief.
5. At the time of hearing, learned Assistant Government Pleader could not explain any reason as to why the petitioner's representation is not decided since three years.
6. Learned Assistant Government Pleader for the respondent-State could not dispute the fact that the representation made by the petitioner is pending before the concerned authority since December-2011.
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7. Learned Assistant Government Pleader could not inform the Court as to whether appropriate decision with regard to the petitioner's representation is passed or not.
8. In this view of the matter, at this stage, present petition is disposed of with following orders:-
(A) The concerned authority, who is competent to take decision with regard to petitioner's claim and representation dated 01.12.2011, shall take appropriate decision within two weeks from the date of receipt of certified copy of this order. (B) If appropriate decision is not taken within two weeks from the date of receipt of certified copy of this order, then it will be open to the petitioner to take out appropriate proceedings. (C) It is clarified that, in the event, appropriate order is not passed, then default or Page 3 of 4 C/SCA/18727/2014 ORDER delay on the part of the concerned and competent authority will be treated as not disobedience of the directions and appropriate action / proceedings may be initiated against the concerned respondent for disobedience of the order and the concerned respondent may also be visited with appropriate order of cost having regard to the fact that no-one has attended petitioner's representation since last three years.
(D) The competent authority shall pass reasoned order and appropriate reasons will be recorded in the order and the same will be conveyed to the petitioner.
With the aforesaid clarification, present petition stands disposed of. Direct service is permitted.
(K.M.THAKER, J.) Girish Page 4 of 4