LAWS(GJH)-2023-6-1649

STATE OF GUJARAT Vs. PARSHOTTAM HIRABHAI CHUDASAMA

Decided On June 20, 2023
STATE OF GUJARAT Appellant
V/S
Parshottam Hirabhai Chudasama Respondents

JUDGEMENT

(1.) The appellant being State and its departments are in intra Court appeal under clause 15 of the Letters Patent assailing the judgment dtd. 4/3/2020 passed by the learned Single Judge in Special Civil Application No.13628 of 2016, whereby the learned Single Judge directed the present appellant to consider the case of the respondent herein - original petitioner for grant of second higher grade pay scale w.e.f. 1/6/2002 instead of 6/6/2009 and to pass appropriate orders for releasing the consequential benefits.

(2.) Facts in brief, the original petitioner Parshottam Hirabhai Chudasama was appointed as Forest Guard in the Porbandar Forest Division in October, 1977. Later on, the original petitioner was dismissed from the services on 20/2/1986. To challenge said dismissal, the original petitioner filed Regular Civil Suit No.507 of 1987 before the Court of learned Senior Civil Judge, Junagadh. Said civil suit came to be allowed on and the dismissal order of the original petitioner was cancelled by judgment and decree dtd. 29/8/1995. Being aggrieved by the said judgment and decree, the Forest Department preferred Regular Civil Appeal No.101 of 1995 before the Court of learned Assistant Judge, Junagadh, which also came to be dismissed by judgment dtd. 22/3/2002 confirming the judgment and decree passed in Regular Civil Suit No.507 of 1987.

(3.) Both the aforementioned judgments were challenged before this Court by way of preferring Second Appeal No.179 of 2002, which came to be rejected vide order dtd. 21/12/2013.