BIREN VAISHNAV
Hasmukhbhai Chimanlal Tapodhan – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule, returnable forthwith. Respective AGPs waive service of Rule on behalf of the respondent-State in respective petitions.
2. With the consent of the learned advocates appearing for the respective parties, all these petitions were taken up for its final disposal.
3. In all these petitions, under Article 226 of the Constitution of India, the issue for consideration before this Court is the interpretation of the Circular dated 16.7.2019 issued by the Finance Department, State of Gujarat. This circular was issued in light of the decision of the Division Bench in a group of Letters Patent Appeals No. namely; LPA No.1155 of 2019 and allied appeals in SCA Nos.7462 of 2012 dated 9.5.2019.
4. Based on the submissions made by the learned advocates for the respective petitioners and the learned AGPs on behalf of the State of Gujarat, 8 categories were carved out for adjudication and interpretation of the circular. Following are the categories:
(2) Rejection on the ground that the petitioners have approached the Court belatedly
State of Karnataka v. Umadevi reported in 2006(4) SCC 1
State of Punjab vs. Jagjit Singh reported in (2017)1 SCC 148
State of Gujarat v. Raman Lal Keshav Lal Soni reported in AIR 1984 SC 161
State of Uttar Pradesh v. Arvind Kumar Srivastav reported in 2015(1) SCC 347
State of Karnataka v. Uma Devi reported in 2006(4) SCC 1
Mohd. Abdul Kadir and another v. Director General of Police reported in 2009(6) SCC 611
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