State Of Gujarat vs Dhyabhai Sankarbhai Parmar
2021 Latest Caselaw 15433 Guj

      C/CA/186/2021                                ORDER DATED: 01/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 186 of 2021

              In F/LETTERS PATENT APPEAL NO. 604 of 2021

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                             STATE OF GUJARAT
                                   Versus
                        DHYABHAI SANKARBHAI PARMAR
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Appearance:
MR MANAN MEHTA, AGP(1) for the Applicant(s) No. 1,2
MS VIDHI J BHATT(6155) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE DR. JUSTICE A. P. THAKER

                               Date : 01/10/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned Assistant Government Pleader Mr.Manan Mehta for the applicant State and learned advocate Ms.Vidhi Bhatt for the respondent No.1.

2. The State has sought to prefer Letters Patent Appeal against judgment and order dated 13.11.2019 of learned Single Judge in Special Civil Application No.5368 of 2016. Learned Single Judge thereby held that the petitioner was entitled to certain benefits of transport allowance, travelling allowance, leave encashment etc. In filing the appeal, delay of 91 days has taken place. Praying to condone the said delay, this application is filed.

3. The judgment and order of learned Single Judge was

C/CA/186/2021 ORDER DATED: 01/10/2021

passed on 13.11.2019. Thereafter, Executive Engineer sought opinion of the District Government Pleader on 6.12.2019. The proposal was send to the Road and Building Department for filing Letters Patent Appeal. Thereafter the Superintending Engineer sent his opinion. At this stage, it is stated that due to spread of COVID-19 virus life of people were at standstill and resultantly the process of the filing of the appeal was slowed down. All these above factors resulted into delay of 91 days.

4. Thus, the delay has occasioned due to administrative reasons further contributed by period of pandemic.

5. Sufficient cause is made out. Delay is condoned. Application is allowed.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) Manshi