Gujarat High Court Case Information System Print SCA/3497/2010 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3497 of 2010 ========================================================= DR.M V SHETH - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR NK MAJMUDAR for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1 - 2. None for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 23/03/2010 ORAL ORDER
By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the illegal and arbitrary action on the part of the concerned respondent-authorities in not extending the benefit of first, second and third higher pay-scale to the petitioner as per the recommendations made by the Tikku Commission on completion of his 6, 13 and 19 years of service i.e. from 16th October 1978 to 18th April 1981 respectively and holding that the petitioner has become entitled to get the benefit of first, second and third higher pay-scale as aforesaid and further directing the concerned respondent-authorities to extend the benefit of first, second and third higher pay-scale as per the recommendation of the Tikku Commission to the petitioner together with interest at the rate of 18% per annum forthwith.
Admittedly the claim of the petitioner is from the 1978 to 1981. In the case of Shiv Dass v. Union of India and others, reported in AIR 2007 SC 1330, it is held that if petition is filed beyond reasonable period, say three years, normally the Court would reject the same or restrict the relief.
In view of the above settled legal position and in view of the fact that the present petition has been preferred after a period of three years, this petition is summarily dismissed.
Jhaveri, J) Aakar Top