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2013 Supreme(Guj) 340

BHASKAR BHATTACHARYA, J.B.PARDIWALA
STATE OF GUJARAT – Appellant
Versus
KANUBHAI KANTILAL RANA – Respondent


Advocates Appeared:
Ms. Shruti Pathak, A.G.P., for the Applicants.
Dipen Desai, for the Respondent.

JUDGMENT :

BHASKAR BHATTACHARYA, C.J. This is an application for condonation of delay of 428 days in filing a Letters Patent Appeal preferred against an order dated 27th December, 2011 passed by a learned Single Judge of this Court in Special Civil Application No. 12613 of 2011 by which the learned Single Judge set aside an order dated 25th September, 1992 denying higher pay-scale to the respondent with effect from 30th January, 1990 and directed the appellants herein to grant the first higher pay-scale to the respondent with effect from 30th January, 1990 along with other consequential benefits within a period of three months from the receipt of the order.

2. The case made out by the appellants in the application for condonation of delay may be summed up thus :

(a) The judgment was passed by the learned Single Judge on 27th December, 2011 and the certified copy of the said order was received on 28th February, 2012 by the department concerned and the delay occurred mainly because of administrative reasons.

(b) The office of the Collector thought it fit to file a Letters Patent Appeal challenging the aforesaid order passed by the learned Single Judge, and therefore, the same was forward














































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