Gujarat High Court
Principal - Mr I P Patel - Kundal And D P ... vs State Of Gujarat on 4 April, 2025
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C/MCA/2656/2024 ORDER DATED: 04/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2656 of
2024
In
R/SPECIAL CIVIL APPLICATION NO. 8735 of 2014
With
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2024
In
R/SPECIAL CIVIL APPLICATION NO. 8735 of 2014
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PRINCIPAL - MR I P PATEL - KUNDAL AND D P PATEL SECONDARY/
HIGHER SECONDARY SCHOOL & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR RAJENDRA PATEL(645) for the Applicant(s) No. 1,2
MR AKASH CHHAYA AGP for the Opponent(s) No. 1
MR PH PATHAK(665) for the Opponent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 04/04/2025
ORAL ORDER
1. Misc. Civil Application No. 2656 of 2024 is filed by
applicants - original respondents No.2 and 3 with the following
prayers:-
(A) to admit and allow this application & to hear SCA de
novo & to pass necessary order/s thereafter or
(B) to recall order dtd. 08/05/2024 & to withdraw
observations made in :-
(i) Para - 12 to the effect that "... in such a case, all
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financial & other responsibilities of the employee is
solely on the shoulders of the school management" &
(ii) Observations made in Para - 13 to the effect that
"The above decision (Shri Anadi Mukta Sadguru)
would be squarely applicable to the facts of the
present case. The school management having
entered into a settlement with the respondent
employee with open eyes without obtaining the
approval of the DEO for reinstating the respondent
employee, is bound by consent award & is primarily
liable to pay the salary & other benefits to the
respondent employee & cannot refuse to pay the
same on the ground that the DEO is ot releasing the
salary grant" &
(iii) further to observe that this case being an exception
to Shri Anadi Mukta Sadguru, management is not
responsible for any financial burden including
payment of salary & other benefits due to settlement.
(iv) Any other relief that may be deemed fit in the facts &
circumstances of the case may kindly be granted.
2. Misc. Civil Application No. 1 of 2024 is filed by the applicant
- original respondent No.1 with the following prayer:-
(A) The Hon'ble Court be pleased to allow the present
application by condoning delay if any in interest of
justice.
(B) The Hon'ble Court be pleased to clarify the order
dated 8.5.2024 that the impugned order is quash and
set aside qua the respondent State only whereby the
tribunal has directed the DEO to sanction salary grant
of the applicant.
(C) Any other and further relief as this Hon'ble Court may
deem fit and proper in the interest of justice be
granted."
3. Having heard learned counsel appearing for the respective
parties and considered the dispute involved in this case and the
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order dated 06.01.2023 passed by this Court in Misc. Civil
Application No. 3 of 2022 in Appeal from Order No. 47 of 2022
and the scope and ambit of Section 114 read with Order 47 Rule
1 Civil Procedure Code, this Court is the opinion that there is no
any infirmity or illegality in the impugned judgment and order
passed by this Court.
4. In view of aforesaid and looking to the averments made in
the present application, when the Court has raised specific
querry to the learned counsel for the applicants - original
respondents No.2 and 3 that what is the apparent error or
mistake in the order dated 08.05.2024 in Special Civil Application
No.8735 of 2014, he has not been able to point out any mistake
or error from the order dated 08.05.2024 passed in Special Civil
Application No.8735 of 2014. Even learned counsel for the
applicants - original respondents No.2 and 3 is unable to satisfy
the Court about the averments made in present application.
5. Therefore, it seems that when there is no apparent mistake
/ error in the order or no any infirmity with regard to the legal
provision, under which the order came to be passed, this Court
deems it fit that the application for recall / review is filed with a
view to abuse the process of law, more particularly, under the
circumstances enumerated hereinabove in present application,
any order of review / recall is not required to be passed in Misc.
Civil Application filed by original respondents No.2 and 3.
13. So far as Misc. Civil Application No. 1 of 2024 filed by
original respondent No.1 is concerned, this Court is of the
opinion that there is no reason to entertain the application for
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direction and the same deserves to be dismissed.
14. In overall view of the matter, present applications do not
deserve to be entertained and the same are required to be
dismissed. Accordingly, the both applications are dismissed.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
