STATE OF GUJARAT Versus SMT PARMESHWARI DEVI WIDOWOF LATE SHRI S.S.RATHI AND OTHERS ========================================= Appearance :
MR. VISHAL DAVE, ASST. GOVERNMENT PLEADER for the Petitioners MR B.S. SUPEHIA for Respondents: 1.2.1 to 1.2.4 MR D.C. DAVE for Respondent No.2 ========================================= CORAM : HONOURABLE MR.JUSTICE PARESH UPADHYAY Date : 30/10/2012 ORAL ORDER
1. By this petition, challenge is made to the order passed by the Gujarat Affiliated Colleges Services Tribunal, Ahmedabad, dated 31.07.2001 in Application No. 19 of 2001 (Old Application No.7 of 1988), whereby certain benefits were directed to be given to the original respondent No.1, the employee, who was applicant before the tribunal.
2.1 On this petition, uptill now effectively two orders are passed, which are dated 09.08.2002 and 16.06.2004. Both these orders read as under:
2.2 Order dated 09.08.2002. [ Coram: A. L. Dave, J.] " Notice returnable on 13.9.2002. In the meanwhile, the petitioner shall place on record the pleadings of the petitioner before the Tribunal to indicate that the question of the respondent not possessing requisite qualifications was raised before the Tribunal."
2.3 Order dated 16.06.2004. [CORAM : R.M.Doshit, J.] " Heard the learned advocates.
Though specific direction has been issued as far back as on 9th August, 2002, the petitionerState Government has not produced copy of the pleadings filed before the Tribunal. The petitionerGovernment is, therefore, directed to produce such copies within fifteen days from today. In the event, the petitioners fail to produce copy of the pleadings, as aforesaid, the petitioner No.2 Director, Technical Education shall deposit, by way of cost, a sum of Rs. 100/= in this Court for every day of delay till such pleadings is filed.
Rule. Learned advocate Mr. Supehia waives service of rule on behalf of the respondents no. 1/1 to 1/4. Pending this petition, there shall be interim relief in terms of paragraph 10 (b)."
2.4 Para:10(b) of the petition reads as under:
"Pending hearing and final disposal of this petition, the implementation, execution and/or operation of this judgment and order may be stayed."
3. It transpires from record that the above direction is not complied with till date. The paperbook of this petition, when originally filed contained pages from 1 to 39. Even today, the paperbook filed by the petitioner authorities, including annexures, ends at page39. Page40 to 45 is the affidavitinreply filed on behalf of respondent, original applicant before the tribunal and the said affidavit is also dated 03.10.2002 i.e. in response to the notice of this Court issued pursuant to order dated 09.08.2002, and much before order of this Court dated 16.06.2004. Thus, after getting the stay order from this Court on 16.06.2004, the State authorities have chosen not to do anything further, not even to comply with the direction contained in the order dated 16.06.2004.
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4. Serious view is required to be taken in this regard, however, as noted above, the order of this Court dated 16.06.2004 itself has further provided that, in the event the petitioners fail to produce the copies of the pleadings, the petitioner No.2 Director, Technical Education shall deposit, by way of cost, a sum of Rs.100/ in this Court for every day of delay till such pleadings is filed.
5. It is a matter of record that the said pleadings are not filed till date. Learned Assistant Government Pleader Mr. Vishal Dave states that, it is not in his brief either.
6. Under these circumstances, the petitioner authorities are directed to deposit the amount, as per the directions of this Court as contained in order dated 16.06.2004, on or before 08.11.2012. The amount, that may be required to be deposited in this Court, shall be first deposited by the present incumbent in the office of Directorate/ Commissionerate of Technical Education, Gujarat State and the details with regard to the apportionment thereof, amongst the Directors who held the office, shall also be placed on record of this petition, on or before 08.11.2012.
7. Learned Assistant Government Pleader Shri Vishal Dave, who appears on behalf of State authorities, shall communicate this order to the concerned authorities.
8. List this matter for further consideration on 09.11.2012.
(PARESH UPADHYAY, J.) amit HC-NIC Page 3 of 3 Created On Tue Aug 30 05:50:25 IST 2016