Gujarat High Court
Balvantbhai Sardarbhai Pagi & 9 vs Deputy Engineer & 3 on 9 November, 2016
Author: G.R.Udhwani
Bench: G.R.Udhwani
C/SCA/12350/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12350 of 2016
With
SPECIAL CIVIL APPLICATION NO. 12351 of 2016
With
SPECIAL CIVIL APPLICATION NO. 14561 of 2016
With
SPECIAL CIVIL APPLICATION NO. 15438 of 2016
TO
SPECIAL CIVIL APPLICATION NO. 15453 of 2016
With
SPECIAL CIVIL APPLICATION NO. 17345 of 2016
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BALVANTBHAI SARDARBHAI PAGI & 9....Petitioner(s)
Versus
DEPUTY ENGINEER & 3....Respondent(s)
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Appearance:
MR DIPAK R DAVE, ADVOCATE for the Petitioner(s) No. 1
PETITION WITHDRAWN/DISMISSED for the Petitioner(s) No. 2 - 10
MR BIPIN BHATT AGP for the Respondent(s) No. 3 - 4
MR UM SHASTRI, ADVOCATE for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 09/11/2016
ORAL ORDER
Learned Counsel for the petitioner has brought to the notice of this Court, the observations made by this Court in paragraph No.9 of the decision rendered in group of matters being SCA No.28470 of 2007, 28471 of 2007 and 5798 of 2008 decided on 16/07/2014, [2014 LawSuit(Guj) 872] thus:
2. "8. It is noticed that this Court is flooded with number of identical matters, as noticed in Paragraph7. Number of Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Mar 30 02:31:56 IST 2017 C/SCA/12350/2016 ORDER decisions are rendered, reiterating the same issue over and over again. Once the High Court concludes a question of law, it has to be acted upon to the benefit of all similarly situated beneficiaries, irrespective of their filing the petition or other legal proceedings for claiming such benefits. If the judgment of the High Court settling the legal position is not implemented in the aforementioned manner, identical cases will go on multiplying, resulting into flooding of the litigation in already overburdened Courts. Not only that, considerable public time, money and energy gets involved in the avoidable litigation.
9. At times, it is noticed that different departments of the State would take their individual stand, contrary to the stand taken by the other department on the same or similar matter, perhaps because of lack of coordination between the two or more departments. It would be, thus, appropriate if the State evolves a policy to avoid the avoidable litigation as aforesaid. In fact, the State has already declared its litigation policy and it is desirable that under the said policy, the issue discussed in Paragraphs8 and 9 is addressed by the State to save public time, money and energy in avoidable litigation."
In view of the above observations, the respondentState is directed to file an affidavit explaining its litigation policy, more particularly, its policy of dealing with the similar cases arising at different point of time raising the legal issues which may have been already settled and might have attained finality by not challenging the same or failing in the challenge to it.
Considering the fact that the petitioners employees retired before six or seven years and would be crossing the age of 65 years being Senior Citizen, the matter would be heard finally on 30/11/2016.
Page 2 of 3HC-NIC Page 2 of 3 Created On Thu Mar 30 02:31:56 IST 2017 C/SCA/12350/2016 ORDER Adjourned to 30/11/2016.
(G.R.UDHWANI, J.) sompura Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Mar 30 02:31:56 IST 2017