Kapopara Shrijaynti Savjibhai vs State Of Gujarat, Secretary Vinod ...
2023 Latest Caselaw 4288 Guj

     C/MCA/444/2023                         ORDER DATED: 09/06/2023




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/MISC. CIVIL APPLICATION NO. 444 of 2023
      In R/SPECIAL CIVIL APPLICATION NO. 3023 of 2022
============================================
                   KAPOPARA SHRIJAYNTI SAVJIBHAI
                              Versus
             STATE OF GUJARAT, SECRETARY VINOD R RAO,
============================================
Appearance:
MR GAURAV CHUDASAMA(5660) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3
,30,31,32,33,34,4,5,6,7,8,9
MR. DEVANG D DAVE(2627) for the Opponent(s) No. 3
NOTICE SERVED for the Opponent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY
                 Date : 09/06/2023
                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed seeking compliance of the directions issued by this Court vide order dated 05.08.2022 passed in the captioned writ petition, wherein and whereby, the respondents were directed to absorb the petitioners in the regular pay scale of Rs.5200-2200/- from the date of vacancy of the post.

2. Pursuant to the issuance of notice by this Court in the present application, the respondent No.3 has filed an affidavit pointing out their predicament in absorbing all the petitioners. In the affidavit, more particularly in paragraph Nos.6 and 7, it is stated that the respondent-authority has absorbed 26 petitioners after completion of two years of their service on the availability of the vacant posts as per the observations made by the Division Bench in the order dated 28.01.2021 passed in

C/MCA/444/2023 ORDER DATED: 09/06/2023

Letters Patent Appeal No.630 of 2020. Accordingly, 26 petitioners have already been absorbed looking to the vacant posts.

3. Today, when the matter is taken up for hearing, for the rest of the 8 petitioners, learned advocate Mr.Devang D. Dave, has tendered an additional affidavit of the respondent No.3. The same is ordered to be taken on record.

4. Learned advocate Mr.Devang Dave, while placing reliance on the averments made in affidavit has submitted that for the remaining 8 petitioners, who are not absorbed, the respondent - authority will do the needful, as and when the vacant post is available.

5. Under the circumstances, it cannot be said that there is a willful and deliberate disobedience of the directions issued by this Court vide judgment and order dated 05.08.2022. It goes without saying that respondent No.3 shall abide with the averments made in the additional affidavit.

6. In view of the above, the present application stands rejected. Notice is discharged.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) MB/01