STATE OF GUJARAT Vs. KANANI MUKESHKUMAR VALLABHBHAI

JUDGEMENT

(1.) This group of 8 appeals has been preferred by the State of Gujarat assailing the correctness of the judgment and order passed by the learned Single Judge in a group of Special Civil Applications and also other similar petitions whereby the petitions have been allowed extending the benefits extended by this Court in the case of Acharya Madhavi Bhavin and 115 others vs. State of Gujarat, being Special Civil Application No.8152 of 2015 , decided vide judgment dated 07.09.2016 and subsequently modified by the Division Bench vide judgment dated 24.01.2018 passed in a group of appeals led by Letters Patent Appeal No.1184 of 2017 arising out of Special Civil Application No.8152 of 2015, Acharya Madhvi Bhavin and 87 others vs. State of Gujarat and 29 others.

(2.) The benefit extended was with respect to grant of salary and other benefits. All these appeals are preferred beyond the prescribed period of limitation and as such, the Civil Applications have been filed for condonation of delay. The said Civil Applications are supported by affidavits. The reasons given for the delay are set out in the applications.

(3.) Objections in the form of counter affidavits have been filed in some of the cases stating that the delay in filing the appeal has not been satisfactorily explained. As such, the delay condonation applications deserve to be rejected. An additional point has also been taken by the respondents in paragraph 9 of one of the counter affidavits that under the Government of Gujarat Business Rules, 1990 framed under Article 166 of the Constitution of India, all the business of civil litigation on behalf of the State of Gujarat comes within the purview of the Legal Department. It is also stated that the Legal Department had opined that no appeal be filed but despite the same without proper sanction from the Legal Department, the appeals have been preferred as such the appeals are incompetent and deserve to be dismissed on this ground alone.