Executive Engineer vs Parvatiben Khimjibhai Zapadia
2021 Latest Caselaw 1604 Guj

        C/LPA/972/2020                                ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO. 972 of 2020
        In R/SPECIAL CIVIL APPLICATION NO. 12880 of 2018
                              With
      CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
           In R/LETTERS PATENT APPEAL NO. 972 of 2020
==========================================================
                       EXECUTIVE ENGINEER
                               Versus
                   PARVATIBEN KHIMJIBHAI ZAPADIA
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1,2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 2
MR NILESH M SHAH(780) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 3
==========================================================

 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                          Date : 03/02/2021

                           ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

We have heard Ms. H.S.Munshaw, learned counsel for the appellant, Mr. Nilesh Shah, learned counsel for the respondent No.1 and Mr. D.M.Devnani, learned Assistant Government Pleader for the State respondents.

It is not in dispute that earlier round of litigation inter se the appellant and the petitioner has attained finality by way of conclusion of Special Civil Application No.6821 of 2018.

C/LPA/972/2020 ORDER

in a similar case between Laljibhai Nanjibhai Zapadia vs. State of Gujarat and others the issue has attained finality by way of conclusion of Special Civil Application No.6821 of 2018 vide order dated 08.01.2019.

Once the said judgment attained finality, the learned Single Judge was right in extending benefits as contained in the judgment impugned in the appeal. Further, similarly situated other employees have been extended such benefits.

We do not find any infirmity in the order passed by the learned Single Judge. The appeal lacks merit and is accordingly dismissed. Consequently, connected Civil Application stands disposed of.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) P. SUBRAHMANYAM