State Of Gujarat vs Bansidas Prebhudas Goondeliya
2021 Latest Caselaw 254 Guj

        C/CA/2611/2019                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/CIVIL APPLICATION NO. 2611 of 2019
          In F/LETTERS PATENT APPEAL NO. 25200 of 2019
                               With
                R/CIVIL APPLICATION NO. 2590 of 2019
                               With
                R/CIVIL APPLICATION NO. 2617 of 2019
                               With
                R/CIVIL APPLICATION NO. 2593 of 2019
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                        STATE OF GUJARAT
                              Versus
                 BANSIDAS PREBHUDAS GOONDELIYA
==========================================================
Appearance:
MR JAYNEEL PARIKH, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1
MR RATILAL V SAKARIA(6613) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                      Date : 08/01/2021
                   COMMON ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Other side, though served, is not present. The applicants are before this court seeking to condone the delay of 209 days caused in filing the present Letters Patent Appeals, aggrieved by the judgment and order passed by the learned Single Judge, which allowed the petitions and quashed the resolution dated 21.6.2012 with a further direction that the amount of higher pay scale need not be recovered and the respondent - original petitioner's case be considered for grant of benefit of higher pay scale, as has been done in the case of others.

2. We have heard the learned Assistant Government Pleader Mr. Jayneel Parikh, who has taken us through the chronology of events, specifying therein that the judgment was delivered on 7.12.2018 and a certified copy of the writ of the judgment was requested for. It was received by the office of the learned

C/CA/2611/2019 ORDER

Government Pleader on 18.2.2019. The proposal was mooted on 14.2.2019 for preferring the Letters Patent Appeal before the Legal Department, Gandhinagar along with the note of the department as well as the opinion of the learned Government Pleader. He also has explained that how the documents have been received from the office the Legal Department on 5.3.2019 and instructions given to the District Development Officer, Amreli to submit para-wise remarks. Thereafter, he also further has attempted to explain as to how the necessary papers for filing the Letters Patent Appeals were sent to the office of the learned Government Pleader. Thereafter, following the necessary proceedings, the same has been filed.

3. Although the delay of each day needs to be explained sufficiently and appropriately, the court is not to regard that in a literal sense and in each case, the factual matrix shall need to be examined closely before it can satisfy itself that the reasonable grounds are made out for condoning the delay as is done in the instant case by the learned Assistant Government Pleader.

4. Being satisfied with the explanation given for condoning the delay, the applications are allowed. The delay is condoned.

5. Let the Letters Patent Appeals be numbered. The same shall be posted for hearing, without fail, on 4.2.2021. The Civil Applications are disposed of accordingly.

(SONIA GOKANI, J)

(SANGEETA K. VISHEN,J) BINOY B PILLAI