Lilaben Dahyabhai Singrotiya vs Commissioner And Registrar ...
2023 Latest Caselaw 135 Guj

    C/SCA/26837/2022                                    ORDER DATED: 05/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 26837 of 2022
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                LILABEN DAHYABHAI SINGROTIYA
                           Versus
  COMMISSIONER AND REGISTRAR COOPERATIVE SOCIETIES, GUJARAT
                           STATE
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Appearance:
MR P C CHAUDHARI(5770) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,3,4
MR. JAY MEHTA, AGP for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                              Date : 05/01/2023

                                 ORAL ORDER

1. This petition under Article 226 of the Constitution of India is filed with prayers as under:

"(A) Your Lordships may be pleased to issue a writ of mandamus or any other writ, order or direction directing the respondent authority to grant the benefits of the resolution dated 16.07.2019 and be further pleased to direct the respondents to pay the salary as per the resolution dated 16.07.2019, along with all arrears and 18% thereon from the date of issuance of the said circular;

(B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondents to start paying the salary as per the resolution dated 16.07.2019 and be further pleased to direct the respondents to continue to pay the same;"

2. The issue pertains to considering the petitioner as full timer.

3. At the outset, learned Advocate for the petitioner has drawn attention

of this Court to decision of this Court passed in group of petitions being

C/SCA/26837/2022 ORDER DATED: 05/01/2023

Special Civil Application No.6852 of 2020 and allied matters by CAV

Judgment dated 19-07-2022.

4. Learned Advocate for the petitioner further submitted that in light of

the decision taken by this Court in the aforesaid group of petitions, the

petitioner may make detail Representation relying upon the aforesaid

decision to the respondent No.4, who may consider such Representation

in accordance with the law with due regards to the decision of this

Court in the aforesaid group of petitions. The respondent No.4 shall

take into consideration all the aspects and decide Representation in

accordance with the law and communicate the outcome of such

Representation within the period of three months of making such

Representation.

5. In view of the aforesaid, the petition stands disposed of accordingly.

Liberty is reserved in favour of the petitioner to file afresh petition

pursuant to adverse decision.

Direct service is permitted.

(A.Y. KOGJE, J) PARESH SOMPURA