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2023 Supreme(Guj) 139

ANIRUDDHA P. MAYEE
Maltiben Arvindbhai Raithatha – Appellant
Versus
Bhartiya Vidya Bhavan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Subhash G. Barot.
For the Respondents: Mr. Baiju Joshi, Mr. A.R. Thacker, Ms. Bala R. Thacker, Ms. Nimisha A. Thacker, Shivang A. Thacker, Ms. Tejal B. Rajput.

JUDGMENT :

1. Rule returnable forthwith. Mr. Baiju Joshi, learned advocate, waives service of rule for the respondent Nos.1 and 2, Mr.Amit V. Ghorpade, learned advocate, for Mr. A.R.Thacker, learned advocate, waives service of rule for the respondent No.3 and Ms. Tejal Rajput, learned AGP, waives service of rule of the respondent No.4.

2. The present Special Civil Application impugns the judgment and order dated 7.9.2017 passed by the Gujarat Educational Services Tribunal, Ahmedabad whereby the Misc. Application No.99 of 2015 preferred by the petitioner for condonation of delay in filing of restoration of application after a period of more than 4½ years is rejected and the restoration application No.7 of 2015 is dismissed on the ground of delay.

3. The factual matrix leading to the filing of the present Special Civil Application is as follows:-

3.1 The petitioner was serving as a Computer Programmer in Commerce faculty of Shri A.K.Doshi Mahila College, Jamnagar since 1.8.2001 as a full time employee. It is further her case that she was being paid consolidated salary during her period of service. That the respondent No.1 Management issued showcause notice dated 18.12.2004 to the peti

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