(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Upon the appeal being heard for final disposal, it was argued for the appellant that he is in an extremely precarious physical condition on account of having suffered heart attack and failure of both kidneys. Therefore, it is not possible for him now to initiate a fresh round of litigation as indicated in the impugned order. It was also submitted that, after 32 years of service with the respondent, he was dismissed from service at the fag end of his career, for the charge of collecting Re.1.50 paise and not issuing ticket. It was on that basis, submitted that the matter requires special consideration on an urgent basis, if the appellant were to have the feeling of getting justice within his life time.
2. Learned counsel Mr Munshaw having already appeared for the respondents, he is requested to take instructions from competent officer of the respondent-transport service, as to whether any special concession could be made for the benefit of the appellant on legal and humanitarian ground for affording to the appellant immediate relief by way of settlement or otherwise, after considering the terminal benefits to which the appellant would have been entitled if the order of dismissal were to be set aside by the Court. S.O. to 01.8.2012.
Copy of this order shall be made available to Mr Munshaw today.
[D.
H. WAGHELA, J.] [G.B.
SHAH, J.] msp