Gujarat High Court
Gnaneshwary D Shah vs Anju Sharma (Ias) on 26 October, 2021
Bench: A.J.Desai, Sandeep N. Bhatt
C/MCA/89/2021 ORDER DATED: 26/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 89 of 2021
In
R/LETTERS PATENT APPEAL NO. 128 of 2016
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GNANESHWARY D SHAH
Versus
ANJU SHARMA (IAS)
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Appearance:
MR PA JADEJA(3726) for the Applicant(s) No. 1
MS DIVYANGANA JHALA, ASSTT. GOVERNMENT PLEADER(1) for the
Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 26/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
We are in receipt of the order dated 25.10.2021 passed by
the Education Department by which the case of the applicant is
kept in sealed cover as well as the order dated 25.10.2021 by
which one Mr. D.M. Makwana has been appointed as Head of the
Department, Plastic Engineering, Government Polytechnic,
Ahmedabad. While disposing off the writ petition being Special
Civil Application No.9250/2013 filed at the instance of the
applicant following directions were issued in paragraph 23, which
reads as under:
"23. In view of the above, this petition is allowed.
The respondents are directed to consider the case
of the petitioner for promotion as the Head of
Department, Plastic Engineering, Government
C/MCA/89/2021 ORDER DATED: 26/10/2021
Polytechnic, Ahmedabad, with the deemed date of
09.08.2018. This exercise shall be undertaken at
the earliest and shall be completed within a period
of four weeks from the date of the receipt of the
writ of this order. Any callous approach on the
part of the authority will be viewed very strictly.
Rule is made absolute to the aforesaid extent."
The only modification made by the Division Bench in Letters
Patent Appeal No.128/2018 filed at the instance of the State of
Gujarat is reproduced hereinbelow.
"13. In view of the aforesaid peculiar facts and
circumstances of the case, the appeal is partly
allowed and the impugned judgment and order of
the learned Single Judge is modified to the extent
that period served by the opponent herein on the
basis of the ad-hoc appointment shall be excluded
at the time of considering the seniority as well as
promotion, rest of the impugned judgment and
order of the learned Single Judge dated
01.12.2015 passed in Special Civil Application
No.9250 of 2013 shall remain as it is."
Prima facie, we are of the opinion that the officers of the
Education Department are interpreting the orders passed by this
Court as per their convenience and till date the orders passed by
this Court have not been complied with.
Therefore, Secretary, Education Department, State of
Gujarat is hereby directed to remain personally present before
this Court at 11 O' Clock on 27.10.2021. Both the officers who
C/MCA/89/2021 ORDER DATED: 26/10/2021
have signed the two different orders dated 25.10.2021 shall also
remain personally present before this Court alongwith the
Secretary, Education Department, State of Gujarat.
Copy of the present order shall be supplied to the learned
AGP who shall hand over the papers to the Officers from the
Education Department, who are present in the Court today.
(A.J. DESAI, J.)
(SANDEEP N. BHATT, J.)
Ajay
