STATE OF GUJARAT Vs. DINESHKUMAR GIRDHARBHAI KANSAGRA

JUDGEMENT

(1.) The present application is filed seeking condonation of delay of 400 days in the captioned appeal.

(2.) At the outset, Ms.Manisha Lavkumar Shah, learned Additional Advocate General has submitted that in various appeals after condoning the delay of similar nature, the appeals are disposed of in light of the order of the Supreme Court dtd. 11/4/2023 passed in Civil Appeal No.2471 of 2023. She has submitted that in most of the matters, learned advocates appearing for the respective parties had consented for condoning the delay and ultimately, had agreed that the order may be passed in the present appeals in light of the order passed by the Supreme Court. She has also submitted that in fact, the entire issue was before the Supreme Court and thereafter, in view of dismissal of some of the Letters Patent Appeals filed by the State, the policy was also framed by the State Government regulating the issue of grant of one increment. She has submitted that ultimately, when the Supreme Court has clarified in the order dtd. 11/4/2023 relating to grant of one increment to the employees similarly situated to the opponent, the Litigation Committee, which was formed by the State Government, had undertaken necessary exercise to see that the Letters Patent Appeals are filed. She has referred to the averments made in Paragraph No.3 of the application and also referred to the time line of the litigation before this Court. Thus, it is urged that the delay may be condoned and the same order may be passed as was passed by this Court in various other group of matters.

(3.) Per contra, learned advocate for the opponent has vehemently opposed the present application seeking condonation of delay of more than 400 days. It is submitted that the judgment and order passed by the learned Single Judge has become final. Hence, the delay may not be condoned.