Gujarat High Court
State Of Gujarat vs Parmar Maheshkumar Jethalal on 29 July, 2022
Author: A.J.Desai
Bench: A.J.Desai
C/CA/911/2022 ORDER DATED: 29/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 911 of 2022
In
F/LETTERS PATENT APPEAL NO. 14935 of 2022
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STATE OF GUJARAT
Versus
PARMAR MAHESHKUMAR JETHALAL
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Appearance:
MR TIRTHRAJ PANDYA, AGP for the Applicant(s) No. 1,2,3
MR DIPEN DESAI(2481) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 29/07/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of present application under Section 5 of the Limitation Act, the State authorities - original petitioners in Special Civil Application No. 10353 of 2011, have prayed to condone the delay of 1463 days in filing the Letters Patent Appeal challenging the order dated 03.04.2018 passed in Special Civil Application Nos. 14790 of 2011 with Special Civil Application No. 10353 of 2011.
2. Notice came to be issued by this Court on 10.06.2022. Mr. Dipen Desai, learned advocate, appeared on behalf of respondent No.1, who has opposed this application.
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3. Mr. Tirthraj Pandya, learned Assistant Government Pleader appearing for the State Authorities, has taken us through the reasons for filing the appeal at belated stage. He would submit that the delay may be condoned and appeal may be heard on merits. Learned Assistant Government Pleader also tried to argue the matter on merits and requested that the appeal be heard on merits.
4. On the other hand, Mr. Dipen Desai, learned advocate appearing for respondent No. 1, would submit that there are no sufficient reasons, whatsoever, to condone the huge delay of 1436 days in filing the appeal. He would submit that memo of application itself suggests that the authorities were aware about the decision rendered by learned Single Judge in two writ petitions. One petition i.e. Special Civil Application No. 14790 of 2011 filed by present respondent No.1 herein and another petition i.e. Special Civil Application No. 10353 of 2011 filed by the State Authorities. He would submit that several communications were made by respondent No.1 herein to comply with the order from 15.06.2018 onwards; however, the appeal was not filed within reasonable time. As far as merits are concerned, he would further submit that Special Civil Application No. 14790 of 2011 was preferred by present respondent No.1 herein for grant of particular pay- scale whereas Special Civil Application No. 10353 of 2011 was filed by the State Authorities with regard to recovery of arrears, which was granted to present respondent No.1. He would submit that Special Civil Application No. 14790 of 2011, which was filed by present respondent No.1 is allowed and concerned authorities are directed to pay particular pay-
Page 2 of 6 Downloaded on : Mon Aug 01 20:50:13 IST 2022C/CA/911/2022 ORDER DATED: 29/07/2022 scale; however, the said decision is not challenged by the State Authorities. He would submit that the State Authorities have challenged only for quashing and setting aside the order of recovery. He would submit that unless the order passed by learned Single Judge in Special Civil Application No. 14790 of 2011, by which, pay-scale is fixed is challenged and the said challenge is allowed, there is no question of deciding recovery. He, therefore, would submit that present application be rejected.
6. We have heard learned advocates appearing for the respective parties. The reasons for filing present civil application for condonation of delay, which read as under:
"3. It is submitted that DEO, Gandhinagar vide communication dated 27.05.2019 sent proposal to concerned office. Thereafter, District Education Officer, Kutch, vide communication dated 29.05.2019 sent proposal to concerned office for filling an appeal. Thereafter, Commission of School vide letter dated 31.05.2019 sent proposal to Education Department. Thereafter, Education Department had forwarded a communication to concerned department on 08.07.2019. The same was received on 11.07.2019. Thereafter, Commission of School had forwarded a communication to District Education Officer, Kutch and District Education Officer, Gandhinagar on 28.08.2019. Thereafter, Commission of School had forwarded a communication to District Education Officer, Kutch on 27.08.2019. Thereafter, District Education Officer, Kutch had forwarded a communication to Commissioner of School Page 3 of 6 Downloaded on : Mon Aug 01 20:50:13 IST 2022 C/CA/911/2022 ORDER DATED: 29/07/2022 on 27.08.2019 , the same was received on 06.09.2019. Thereafter, Commissioner of School had forwarded a communication to Education Department on 11.09.2019. Thereafter, Commissioner of School had forwarded a reminder to Education Department on 11.03.2020. The same was done as administrative procedure for filing a appeal.
4. Thereafter, Education Department had forwarded a communication to Commissioner of School on 23.10.2020, the same was received on 04.11.2020. Thereafter, Commission of School had forwarded a communication to District Education Officer, Kutch and District Education Officer, Gandhinagar on 18.11.2020. Thereafter, District Education Officer, Kutch had forwarded a communication to Commissioner of School on 17.12.2020, the same was received on 23.12.2020. Thereafter, Commissioner of School had forwarded a communication to Education Department on 01.02.2021. Thereafter, Commissioner of School had forwarded a reminder to Education Department to prefer an appeal on 25.06.2021.
5. It is submitted that permission was given by Legal Department to file an appeal on 01.09.2021 and office of learned Government Pleader sent letter dated 01.09.2021 for instruction on filing Letters Patent Appeal to Education Department, the same was received on 02.09.2021, and thereafter, the Education Department communication dated 04.09.2021 for filling Letters Patent Appeal to Commissioner of School. It is submitted that the Commissioner of School sent communication to file Letters Page 4 of 6 Downloaded on : Mon Aug 01 20:50:13 IST 2022 C/CA/911/2022 ORDER DATED: 29/07/2022 Patent Appeal dated 06.09.2021 to District Education Officer, Kutch.
6. The instructions were asked from concerned Department and the Department communicated the office of Government Pleader in December, 2021 and the concerned Assistant Government Pleader prepared the appeal, the same was forwarded to the Department on 26.12.2021. However, the reason for delay were not provided. The concerned officer collected all communications explaining delay and provided it on 22.03.2022. Thereafter, the application along with the appeal were prepared on 04.05.2022, the concerned Assistant Government Pleader after meeting with the officer and prepared the application on 04.05.2022. Though the appeal along with stay application was prepared on 04.05.2022."
7. From the above reproduction of the paragraphs of civil application for condonation of delay, we are not at all satisfied with the reasons shown in the civil application for filing the appeal at belated stage, and particularly, when the State Authorities were aware about the judgment delivered by learned Single Judge and the fact that present respondent No.1 - original petitioner in Special Civil Application No.14790 of 2011 had requested the State Authorities to comply with the judgment delivered by learned Single Judge by making several communications i.e. three communications made in the year 2018, four communications made in the year 2019, five communications made in the year 2021 and also number of communications made in the year 2022.
Page 5 of 6 Downloaded on : Mon Aug 01 20:50:13 IST 2022C/CA/911/2022 ORDER DATED: 29/07/2022 Hence, present application stands disposed of. Notice discharged.
8. In view of the above order, Letters Patent Appeal 14935 of 2022 with Civil Application No. 1 of 2022, which are at present at filing stage, do not survive. Accordingly, the same stands disposed of.
(A.J.DESAI, J) (MAUNA M. BHATT,J) *F.S.KAZI.....
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