Ashokkumar Laxmikant Dave vs State Of Gujarat
2022 Latest Caselaw 9856 Guj

     C/SCA/23010/2022                                   ORDER DATED: 07/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 23010 of 2022

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                        ASHOKKUMAR LAXMIKANT DAVE
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR PREMAL R JOSHI(1327) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 2,3,4
MR KURVEN DESAI AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 07/12/2022

                               ORAL ORDER

1. By way of this petition, the petitioner has prayed for

the following reliefs:

"(A)Your Lordships will be pleased to admit and allow the present petition;

(B) Your Lordships will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to implement oral judgement dated 2/2/2022 passed in Special Civil Application No. 15565/2008 and to give consequential reliefs i.e. deemed date etc. to the petitioners immediately within a period of one month;

(C) Pending admission and final disposal of this

C/SCA/23010/2022 ORDER DATED: 07/12/2022

petition, Your Lordships will be pleased to direct the respondent authorities to implement oral judgment dated 2/2/2022 passed in Special Civil Application No. 15565/2008 and to give consequential reliefs i.e. deemed date etc. to the petitioners immediately within a period of one month;

(D) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."

2. Heard learned advocate Mr. Premal R Joshi assisted

with learned advocate Mr. Mohish Kureshi for the petitioner

and learned AGP Mr. Kurven Desai for the respondent.

3. It is the case of the petitioner that they preferred

SCA No.15565 of 2008 challenging the order dated 19.05.2007

and 22.10.2008 whereby respondent nos.5 and 6 of that

petition were placed ahead in seniority than the petitioners

when the seniority list was published, It was the case of the

petitioner that seniority of respondents nos. 5 and 6 of SCA

No. 15565 of 2008 was required to be reckoned from the

date of their appointment in the cadre of Junior Clark and

not from the date of their appointment in the cadre of Talati

cum Village Secretary.

C/SCA/23010/2022 ORDER DATED: 07/12/2022

4. Learned advocate for the petitioner pointed out that

though the order dated 19.05.2007 and 22.10.2008, which

were subject matter of SCA 15565 of 2008 were quashed and

set aside vide judgment dated 02.02.2022 and thereafter

though from time to time the representation are made and

last representation was made by the petitioner on 29.08.2022

the order dated 02.02.2022 has neither been challenge by the

respondents nor the same has been implemented by the

respondents and therefore, suitable direction to implement the

aforesaid judgment be given.

5. Learned AGP Mr. Kurven Desai has vehemently opposed

the petition and submitted that the petitioner cannot seek

execution of an order passed by this Court in a petition

under Article 226 of the Constitution, and therefore, the

petition may be dismissed. The petitioner may avail any

other appropriate remedy available to him but the petition

under Article 226 for execution of orders/judgment may not

be entertained.

6. Having heard learned advocates for the respective

parties and considering the submissions made by the

advocates, interest of justice would be served if without

entering into the merits of the matter the respondents are

directed to decide the representation dated 29.08.2022 made

C/SCA/23010/2022 ORDER DATED: 07/12/2022

by the petitioner within some time bound schedule.

Accordingly respondents are directed to consider the

representation dated 29.08.2022, made by the petitioners and

to pass a reasoned order within six weeks from the date of

receipt of this order.

7. With the aforesaid directions, the petition stands disposed

of.

(NIRZAR S. DESAI,J) Radhika