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2003 Supreme(Guj) 647

Gujarat High Court
Judgename :H.K.RATHOD
DISTRICT PRIMARY EDUCATION OFFICER - Appellant
Versus
JUGALKISHOR J.PATEL - Respondent
Civil Miscellaneous Petition 2147 of 2003
Decided On : 11/24/2003

Advocates Appeared: H.S.MUNSHAW, M.R.MENGDEY, S.K.MANDAVIA, SIRAJ R.GORI

Headnote:

Constitution of India -Applicants District Primary Education Officers of the Districts concerned, learned advocate for the original petitioners and learned AGP for the State. In one group of the present miscellaneous civil applications, the applicant District Primary Education Officer is praying for review and recall of the orders passed by this Court and for taking into consideration the GR and dismiss the aforesaid main petitions filed by the original petitioners. In one group of the present Misc. Civil Applications, the applicants - original petitioners are praying for taking action against the respondent authorities for their having committed breach of the orders of this court. Since the whole group of these petitions is arising out of the common orders of this court, raising similar questions, all these applications have been decided by this common judgment. During the course of hearing, learned advocate Mr. Supehia appearing for the original petitioners has not seriously objected the applications filed by the applicants Panchayat authorities for condonation of delay in filing the present review applications. Hence, the delay caused in filing the present review applications is condoned. Brief facts leading to the filing of the present applications are to the effect that this court has passed common orders on in Special Civil Application No. 8871 of 1999 and other cognate matters and has directed the respondent Panchayat to implement the GR dated 5/07/1991 while granting benefit of the Higher Grade at the end of of service. Necessary directions have also been issued by this court to pay, if any amount is due, in favour of the original petitioners with 12 per cent interest from the due date –Held consideration as to the true interpretation of the resolution - no addition or deletion can ever be said to be permissible as otherwise an order which happen to be bad at the beginning may through the process of affidavits gets validated by additional grounds later brought out : As a proposition of law, there cannot be any manner of doubt in regard thereto. The effect of the resolution shall have to be judged on the basis of the document itself and no other external aid is permissible. 12. As the position is well settled that while interpreting statutes/government orders, they have to be read as a whole and construction given has to be a harmonious one, considering the resolution as a whole we are firmly of the view that that the contention of the petitioners that a single cadre for all police ministerial officers irrespective of the office / level they were working had been created under this resolution cannot be accepted. Consequently, we also conclude that there is no force/merit in the contention of the petitioners that they were entitled to be considered for promotion for posts occurring in the higher ranks in the office of D. I. G. / I. G. / D. G. P. after this Resolution was issued. (Emphasis Supplied ) –Ordered Accordingly.

H. K. RATHOD, J.

( 1 ) HEARD learned advocate Mr. H. S. Munshaw and Ms. S. K. Mandavia for the applicants District Primary Education Officers of the Districts concerned; Mr. I. S. Supehia, learned advocate for the original petitioners and Mr. Siraj Gori and Mr. M. R. Mengde, learned AGP for the State. In one group of the present miscellaneous civil applications, the applicant District Primary Education Officer is praying for review and recall of the orders passed by this Court dated 19th December, 2001 and for taking into consideration the GR dated 16/10/1993 and dismiss the aforesaid main petitions filed by the original petitioners. In one group of the present Misc. Civil Applications, the applicants - original petitioners are praying for taking action against the respondent authorities for their having committed breach of the orders of this court. Since the whole group of these petitions is arising out of the common orders of this court, raising similar questions, all these applications have been decided by this common judgment.

( 2 ) DURING the course of hearing, learned advocate Mr. Supehia appearing for the original petitioners has not seriously objected the applications filed by the applicants Panchayat authorities for condonation of delay in filing the present review applications. Hence, the delay caused in filing the present review applications is condoned.

( 3 ) BRIEF facts leading to the filing of the present applications are to the effect that this court has passed common orders on 19th December, 2001 in Special Civil Application No. 8871 of 1999 and other cognate matters and has directed the respondent Panchayat to implement the GR dated 5/07/1991 while granting benefit of the Higher Grade at the end of 9-18-27 years of service. Necessary directions have also been issued by this court to pay, if any amount is due, in favour of the original petitioners with 12 per cent interest from the due date. Said common orders were passed by this court on the basis of other three orders which have been enumerated in the order itself by this court. Relevant observations made by this court while considering the said three decisions of this court are as under:"this Court has passed these orders while considering two decisions of this court, one in special civil application no. 10204 of 1998 dated 25. 8. 1999 (Coram : R. K. Abichandani,j.) and the second one in special civil application No. 6589 of 1995 dated 11/04/1996 (Coram : R. K. Abichandani,j. ). It is necessary to be noted that the order passed by this Court (Coram : R. K. Abichandani,j.) in special civil application no. 6589 of 1995 on 11/04/1996 was challenged by the respondent authority before the Division Bench of this Court by filing letters patent appeal no. 586 of 1996 and the said letters patent appeal has been dismissed by the Division Bench of this Court by order dated 30/09/1999. In the result, rule is accordingly made absolute in each of the petitions with no order as to costs. "

( 4 ) THE order made by this court on 19th December, 1991 after considering the aforesaid decisions of this court was challenged by the respondent Panchayat authority before the Division Bench of this court by filing letters patent appeals. No. 1070 of 2002 in Special Civil Application No. 8871 of 1999 with Letters Patent Appeal No. 1071 of 2002 in Special Civil Application No. 2853 of 2002 with Letters Patent Appeal No. 1072 of 2002 in SPECIAL CIVIL APPLICATION No. 8872 of 1999 with LETTERS PATENT APPEAL No. 1073 of 2002 in SPECIAL CIVIL APPLICATION No. 2865 of 2000 with Letters Patent Appeal No. 306 of 2002 in SPECIAL CIVIL APPLICATION No. 5853 of 2000 with LETTERS PATENT APPEAL NO. 305 of 2002 in SPECIAL CIVIL APPLICATION No. 1668 of 2000 with LETTERS PATENT APPEAL NO. 143 of 2003 in SPECIAL CIVIL APPLICATION No. 1093 of 2000. In LETTERS PATENT APPEAL No. 1768 of 1999, the order made by this Court (Coram : R. Balia,j.) in SPECIAL CIVIL APPLICATION No. 10204 of 1998 dated 25. 8. 1999 was

















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