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Shiv Dass vs Union Of India And Ors on 18 January, 2007

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Gujarat High Court
Dr.M vs State on 23 March, 2010
Author: Ks Jhaveri,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SCA/3497/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 3497 of 2010
 

 
=========================================================

 

DR.M
V SHETH - Petitioner(s)
 

Versus
 

STATE
OF GUJARAT & 2 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
NK MAJMUDAR for
Petitioner(s) : 1, 
GOVERNMENT PLEADER for Respondent(s) : 1 -
2. 
None for Respondent(s) :
3, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

 
 


 

Date
: 23/03/2010
 

ORAL
ORDER

By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the illegal and arbitrary action on the part of the concerned respondent-authorities in not extending the benefit of first, second and third higher pay-scale to the petitioner as per the recommendations made by the Tikku Commission on completion of his 6, 13 and 19 years of service i.e. from 16th October 1978 to 18th April 1981 respectively and holding that the petitioner has become entitled to get the benefit of first, second and third higher pay-scale as aforesaid and further directing the concerned respondent-authorities to extend the benefit of first, second and third higher pay-scale as per the recommendation of the Tikku Commission to the petitioner together with interest at the rate of 18% per annum forthwith.

Admittedly the claim of the petitioner is from the 1978 to 1981. In the case of Shiv Dass v. Union of India and others, reported in AIR 2007 SC 1330, it is held that if petition is filed beyond reasonable period, say three years, normally the Court would reject the same or restrict the relief.

In view of the above settled legal position and in view of the fact that the present petition has been preferred after a period of three years, this petition is summarily dismissed.

(K.S.

Jhaveri, J) Aakar     Top