(1) The petitioner has filed this petition for the following reliefs:
"(A) THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to comply the order dated 15/07/2010 passed in Special Civil Application No.25884 of 2007 and consider the representation dated 22/02/2007, as directed by this Hon'ble Court.
(B) THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to consider the representations 03/06/2008, 05/02/2009, 06/03/2009, 28/04/2009, 07/05/2009, 08/08/2009, 06/09/2009, 05/11/2009, 27/10/2010, 27/12/2010 and 22/06/2011 and grant higher pay scale as he is retired on 31/08/2011.
(C) THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to consider the petitioner for higher pay scale and please the payment of arrears of payment and other retired benefits.
(D) Pending admission, hearing and final disposal of present petition, THIS HON'BLE COURT MAY BE PLEASED TO direct the respondents to comply the order dated 15/07/2007 passed in Special Civil Application No.25884 of 2007 consider the representations 22/02/2007, 03/06/2008, 05/02/2009, 06/03/2009, 28/04/2009, 07/05/2009, 08/08/2009, 06/09/2009, 05/11/2009, 27/10/2010, 27/12/2010 and 22/06/2011 for higher pay scale.
(D) THIS HON'BLE COURT MAY BE PLEASED TO award the costs of present petition.
(E) THIS HON'BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity."
(2) It further appears from the record that earlier this Court (Coram: H.K.Rathod, J) had passed the following order on 15.10.2007 in Special Civil Application No.25884 of 2007:
"1. Heard learned advocate Mr.Chirag R. Kothari for the petitioner and learned AGP Mr.Oza for respondent No.1.
2. The grievance of the present petitioner is that against the petitioner, criminal prosecution was lodged in respect to anti corruption wherein the petitioner was declared acquittal, even though the pay scale of the petitioner is not fixed by the respondents though representation dated 22.2.2007 is made by the petitioner to the respondents.
3. Learned advocate Mr.Kothari for the petitioner submitted that till date that representation dated 22.2.2007 remained undecided by the respondents.
4. Therefore, the respondents are directed to consider the representation of the petitioner and examine the grievance of the petitioner keeping in mind that there is no legal proceeding is pending against the petitioner in respect to anti corruption case and then, pass appropriate reasoned order in accordance with law, within a period of three months from the date of receiving the copy of this order and communicate the decision to the petitioner.
5. In view of the above observations and directions, present petition is disposed of without expressing any opinion on merits. Direct service is permitted."
(3) It appears from the record that the respondent has not taken any decision so far. The concerned respondent(s) is, therefore, directed to file affidavit before this Court on the returnable date explaining as to why the order dated 15.10.2007 passed by this Court, as stated above, is not complied with.
(4) Hence, NOTICE returnable on 30.01.2012. Direct service permitted.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top