Gujarat High Court
State Of Gujarat vs Work Assistant Association, Pwd Road ... on 9 June, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/CA/2948/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
2948 of 2025
In F/LETTERS PATENT APPEAL NO. 14440 of 2025
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STATE OF GUJARAT & ANR.
Versus
WORK ASSISTANT ASSOCIATION, PWD ROAD AND BUILDING
DEPARTMENT
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Appearance:
MS SHRUTI R. DHRUVE, AGP for the Applicant(s) No. 1,2
MR VYOM H SHAH(9387) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 09/06/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking condonation of
delay of 147 days in filing the captioned appeal.
2. The following averments are made explaining the delay
of 147 days in filing the captioned appeal.
"2. The Applicants further submit that in filing captioned appeal
there is a negligible delay of 147 days which has occasioned on
the facts and circumstances as narrated herein below in this
application.
3. It is stated that pursuant to the passing of the impugned
judgment and order dated 24.10.2024, the concerned authority
vide communication dated 28.10.2024 had sought for a legal
opinion of the Assistant Government Pleader the same was
received at the office of Government pleaders on 29.10.2024
and legal opinion drawn on 30.10.2024 was received at the
office of concerned department on 12.11.2024.
4. On 14.11.2024, the financial implications was ascertained at
divisional level as were sent to zonal office on 16.11.2024. On
NEUTRAL CITATION
C/CA/2948/2025 ORDER DATED: 09/06/2025
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18.11.2024 the proposal was sent from the departmental level
to State and vide communications dated 19.11.2024 to
27.11.2024 each of the department where the petitioners
worked were addressed letters to provide financial implications
of the decision and ascertain the details from the service
records of each of the petitioner. On 04.12.2024 the details of
47 petitioners were received from respective divisional heads of
the deponent. Vide communications dated 06.12.2024 to
09.12.2024 the respective divisional heads were called for to
provide details of the remaining petitioners. On 11.12.2024 all
the divisional heads provided service details along with financial
implication to the State. On 01.01.2025 the approval to file LPA
was received from Legal Department of State and on 03.01.2025
the communication was acceded to the office of Government
Law Officers to proceed with drafting of the appeal. On
08.01.2025, the details as called for by the office of Government
Law officers was provided however since essential
documentation were missing, on 28.01.2025, the office of
deponent was consulted for further details which were
subsequently provided and the draft of the Appeal was duly
prepared for approval. All the communication letters are
attached herewith and marked as Annexure-A (Colly.).
5. The directions as per the impugned order were required
to be complied within 12 weeks from the date of receipt of the
order and in case of challenge the captioned appeal could have
been filed within 30 days of the receipt of the order. Since 53 of
the petitioners belonged to various departmental divisions and
since their initial appointment was running between 1982-1989,
some time was consumed in ascertaining the service records. It
is submitted that since the petitioners had retired between
2016-2018 and the matter came to be decided only in year 2024,
proportionate time elapsed in ascertaining details of the
benefits already accorded to the petitioners in accordance with
the impugned order."
3. Learned advocate Mr.Shah, appearing for the respondent,
vehemently opposing the present application, has submitted
that there is a huge delay and the same may not be condoned.
NEUTRAL CITATION
C/CA/2948/2025 ORDER DATED: 09/06/2025
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4. Having heard the learned advocates appearing for the
respective parties and considering the averments made
hereinabove and also considering the fact that the delay is
sufficiently explained, present application is allowed. The delay
of 147 days is condoned.
5. Registry to give pakka number to the captioned appeal
and list the same in seriatim.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(R. T. VACHHANI, J)
MAHESH/19
