RATANBEN R RAJGOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner had to prefer this petition under Article 226 of the Constitution of India for seeking equal treatment which was accorded to similarly situated employees and which was not extended to him by the State. The petitioner during the pendency of this petition passed away and therefore the legal heirs were permitted to be brought on record as per the order made in Civil Application No. 1485/89 on 08.09.89. Accordingly, the legal heirs of the petitioner are prosecuting this petition.

(2.) Few facts deserve to be narrated for appreciating the controversy in the matter:

(3.) Ms Vinita Vinayak, learned advocate appearing for Mr P.M Thakkar for the petitioner has submitted that the petitioner has been wrongfully denied the benefit of deemed date. Ms Vinayak has attempted to explain the delay in filing this petition on the basis of representations made by the petitioner to the authorities. She has submitted that the respondents have not filed any affidavit in reply controverting any of the averments made in this petition and therefore the petition deserves to be allowed.