Shantigar Tapugar Goswami working as Khalasi v. Deputy Secretary
2012-03-19
K.M.THAKER
body2012
DigiLaw.ai
Judgment K.M. Thaker, J.—Heard Mr. Mishra, learned advocate for the petitioner and Ms. Mandavia, learned advocate for the respondent. 2. Since there is consensus between the petitioner and the respondent, as submitted by learned advocate Mr. Mishra for the petitioner and Ms. Mandavia, learned advocate for the respondent that these petitions can be disposed of in view of the consensus arrived at between the parties and that therefore the reasons and the grounds for present order are not recorded. The petitions have been listed at Serial Numbers 118 and 119 of today’s cause list and in view of the request made by learned advocate for the petitioner to take up the matter for hearing and final disposal in view of the fact that the issues involved in these petitions are covered and decided by the judgment dated 26.4.2011 passed by the Hon’ble Division Bench of this Court, and in view of the joint request by the contesting parties, the petitions have been taken up for hearing and final decision today. 3. Mr. Mishra, learned advocate for the petitioner and Ms. Mandavia, learned advocate for the respondent have submitted that the subject matter and the issues involved in present petitions and the dispute raised by the petitioner are squarely covered by and decided by the decision dated 26.4.2011 passed by the Hon’ble Division Bench in Letters Patent Appeal No. 515 of 2011 and allied matters and the disputes stand resolved by the direction passed by the Court in the said group of Appeals. It is also jointly submitted by the learned advocate for the contesting parties that the said judgment dated 26.4.2011 in Letters Patent Appeal No. 515 of 2011 and allied matters was carried before the Hon’ble Apex Court and under order dated 27.1.2012 Special Leave Petition (Civil) No. 23703 of 2011 and allied matters preferred by the respondent herein against the said order have been dismissed. A copy of the order dated 27.1.2012 passed by the Apex Court in Special Leave Petition is also placed on record. 4. Learned advocate for the contesting parties have jointly submitted that the parties are required to abide by the direction passed by the Hon’ble Division Bench in judgment dated. 26.4.2011 in Letters Patent Appeal No. 515 of 2011 and allied matters. 5.
4. Learned advocate for the contesting parties have jointly submitted that the parties are required to abide by the direction passed by the Hon’ble Division Bench in judgment dated. 26.4.2011 in Letters Patent Appeal No. 515 of 2011 and allied matters. 5. Hence, it appears appropriate to direct that in case of present petitioner the respondent authority shall take necessary decision in accordance with and as per the direction contained in judgment dated 26.4.2011 passed by the Hon’ble Division Bench in Letters Patent Appeal No. 515 of 2011 and allied matters and convey the decision to the petitioner, as early as possible and preferably within six months from the date of receipt of this order. With the aforesaid clarification and direction the petitions are disposed of. Rule is discharged. Interim relief, if any, stands vacated forthwith. P P P P P