Gujarat High Court
Dilshad Nazumiya Saiyad vs State Of Gujarat on 22 March, 2021
Bench: Sangeeta K. Vishen
C/SCA/13260/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13260 of 2017
==========================================================
DILSHAD NAZUMIYA SAIYAD
Versus
STATE OF GUJARAT & 2 other(s)
==========================================================
Appearance:
MR MA SAPA(2634) for the Petitioner(s) No. 1
MR DHAVAN JAYSWAL AGP (5) for the Respondent(s) No. 1,2,3
==========================================================
CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 22/03/2021
ORAL ORDER
1. By this petition, the petitioner has prayed for direction to the
respondent authorities to implement the judgment and order passed in
Special Civil Application No.4993 of 1985 and to give appointment and
posting from the date of termination order as the same is quashed and
set aside.
2. Mr.M.A. Sapa, learned advocate for the petitioner states that in
view of the judgment rendered in Letters Patent Appeal No.1223 of
2005, the grievance raised in the present writ petition does not survive
and he seeks permission to withdraw present writ petition.
3. Learned A.G.P. Mr.Dhavan Jayswal for the respondents has placed
on record the copy of the CAV judgment dated 26.02.2021 passed in
Letters Patent Appeal No.1223 of 2005. The Division Bench, in para 11
of the said judgment, has observed thus:
"11. Considering the facts and circumstances of the case and
the long period of time that has elapsed after the passing of
the order of termination in 1985, we are of the opinion that
in lieu of the order of reinstatement with all benefits and
without backwages passed by the learned Single Judge, the
Respondent - Mr. Liyaquatalikhan Hasankhan Batangi,
C/SCA/13260/2017 ORDER
represented by his Legal Heirs and Smt. Dilshad Saiyed
could be awarded lumpsum compensation of Rs.6,00,000/
each since they have crossed the age of superannuation by
now. Hence, the following order is passed:
(i) As none appears on behalf of the legal heirs of deceased
Respondent - Mr. Liyaquatalikhan Hasankhan Batangi, the
AppellantState is directed to issue a Demand Draft in the
sum of Rs.2,00,000/ [Rupees Two lacs only] in the name of
each of the Legal Heir, who are Three in number, which
shall be dispatched at the address given in causetitle of the
memo of petition / appeal.
(ii) Another Demand Draft in the sum of Rs.6,00,000/
[Rupees Six lacs only] be issued in the name of Respondent
- Smt. Dilshad S. Kadri (after marriage).
(iii) The above payments shall be made within a period of
Three Months from today and the compliance report may be
placed on record of the case by filing a Note within a period
of Fifteen Days from such payment.
(iv) On compliance thereof, the impugned judgment and
order of the learned Single Judge granting reinstatement
with all benefits but without backwages shall stand
substituted with this order.
4. The learned A.G.P. states that in view of the aforesaid observation,
the present petition would not survive.
5. In view of the aforesaid, permission to withdraw the present writ
petition is granted. The petition is disposed of as withdrawn. Notice is
discharged. No order as to cost.
(SANGEETA K. VISHEN,J)
Hitesh
