Gujarat High Court
Santilal vs State on 20 June, 2011
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
Gujarat High Court Case Information System
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SCA/7514/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7514 of
2011
=========================================================
SANTILAL
MOHONLAL PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MS
TEJAL K SHAH for
Petitioner(s) : 1,
MR.MAULIK G. NANAVATI, ASST. GOVERNMENT PLEADER
for Respondent(s): 1,
None for Respondent(s) :
2,
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 20/06/2011
ORAL
ORDER
1. This petition, under Article 226 of the Constitution of India, has been filed with the following prayers:-
"[A] "YOUR LORDSHIPS TO admit and allow this petition.
[B] "YOUR LORDSHIPS may be pleased to issue a write of mandamus or writ in the nature of mandamus or any other writ order 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 Accountant from 01/04/1980 and that he is entitled for his revised pension and revised 4th higher pay scale from on 01/01/1986 and other retirement benefits and all consequential benefits on the post of Accountant carried at the relevant time.
[C] "YOUR LORDSHIPS To issue direction to the respondents to releases all consequential retrial benefits taking the entire service of the petitioner from 01/04/1980 to 31/07/1988 as continuous on the basis of judgment and order has passed in special civil application no. 10408 of 2009 said order is passed on 30/09/2009 here it is also marked as Annexure-G and order passed in special civil application no.6992 of 2002 on 09/03/2006 here it is also marked as Annexure-H. [D] "YOUR LORDSHIPS may be pleased to Any other relief which is suitable and necessary in the circumstances of this case be granted.
[E] "YOUR LORDSHIPS may be pleased to the cost of this petition be granted."
2. At the very outset, Ms. Tejal K. Shah, learned counsel for the petitioner states that the interest of justice would be met, if respondent No.1 is directed to consider and decide representation dated 03.05.2011 (Annexure-'F' to the petition) made by the petitioner, as expeditiously as possible.
3. Upon the above statement being made by the learned counsel for the petitioner, the following order is passed :-
Respondent No.1 shall consider and decide the representation of the petitioner dated 03.05.2011 in accordance with law, as expeditiously as possible and preferably within a period of four months from the date of receipt of the copy of this order.
4. The petition is disposed of, in the above terms.
Direct Service of this order is permitted.
(Smt. Abhilasha Kumari, J.) Safir* Top