STATE OF GUJARAT Vs. REKHABEN K NANDWANI

JUDGEMENT

(1.) The appellants-State of Gujarat through (a) Secretary, Health & Family Welfare Department and (b) Secretary, General Administration Department, Sachivalaya, Gandhinagar have challenged in this appeal the judgment and order dated 25.2.1994 passed by S.M.Soni, J.(as he then was) in Special Civil Application No.10119/93 filed by the respondent-original petitioner whereby the learned Single Judge directed original respondent No.1 of the main petition, present appellant No.1 to give appropriate appointment to the petitioner on compassionate grounds keeping in mind her qualification within six weeks from the date of the order.

(2.) This appeal was presented in the office of this court on 22.3.1994 by the appellants by filing ordinary copy of the judgment and order passed by the learned Single Judge of this court allowing the writ petition filed by the respondent-original petitioner only with a view that the appeal may not become time barred as the appeal was required to be filed within 30 days. There is no difficulty in filing the appeal in this manner. But the appellant had to apply for the certified copy of the judgment and order passed by the learned Single Judge and to place it on the record after receiving the same. When this appeal was filed, admittedly, certified copy of the judgment and order passed by the learned Single Judge was not annexed, therefore, office had raised objection of certified copy of the order being not filed and the last date for removing office objection was 6.5.1994. Along with this objection of not filing certified copy of the judgment and order passed by the learned Single Judge there were two other office objections also; (i) list of events and index not filed; and (ii) two sets of SCA with annexures not filed. It also appears from the record of this case that an endorsement was made on 14.6.1994 on behalf of the appellants that "All O.O. (office objections) are removed". Thereafter, this appeal was placed for admission before the Division Bench consisting of A.P.Ravani, J. (as he then was) and N.N.Mathur, J. on 16.6.1994 and it was admitted on the same day i.e. on 16.6.1994. Though an endorsement is made on behalf of the appellants on 14.6.1994 that all office objections are removed, we find from the record of this case that certified copy of the judgment and order passed by the learned Single Judge of this court allowing writ petition was not filed. In that view of the matter, this appeal, as it is, was required to be dismissed. However, learned AGP, Mr.Dave vehemently submitted that when the appeal is already admitted by the Division Bench of this court way back in 1994 and it is pending since last 11 years then this court should decide it on merits and he had also argued the matter on merits. Therefore, we are deciding this appeal on merits also.

(3.) Before deciding the appeal on merits, it must be stated that along with this appeal the appellants have filed Civil Application No.1402/94 on 16.6.1994 for stay and prayed that the judgment and order passed by the learned Single Judge allowing writ petition filed by the respondent-original petitioner be stayed till final disposal of main Letters Patent Appeal, but the said application came to be rejected by the same Division Bench on that very day i.e. 16.6.1994, however, Their Lordships admitted the main appeal. It is a brief order, which we would like to reproduce, which is as under :-