SAMUEL JOSEPH VAMESHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition filed by a person, who had worked as a Peon in Gujarat State Bharat Scouts and Guides, Sangh claiming gratuity for the services rendered by him for a period over 26 years from 11-6-1965 to 29-1-1992 when he retired. It is the dismal fact that although the petitioner, who was a Peon, had retired way back on 29-2-1992, he has not been paid due amount of his gratuity till this date despite his repeated requests.

(2.) When the matter came up before this Court on 25-9-1995 a notice was issued to the respondents as to why this petition may not be admitted and disposed of at admission stage and the notice was made returnable. On behalf of the respondent No. 4, an affidavit-in-reply dated 6-12-1995 has been filed, but no return whatsoever has been filed on behalf of the respondent Nos. 1 to 3 so far despite 'the repeated opportunities being granted by this Court and it is rather unfortunate that even today Mr. Bambhania is asking for time to file a reply. In the facts and circumstances of this case, when the notice had been issued as to why the petition should not be taken up for final disposal at admission stage. I do not consider it appropriate to grant any further lime. However, Mr. Bambhania has been permitted to make all submissions, which he could have made in the return.

(3.) Rule. Mr. D. A. Bambhania, learned Addl. G. P. waives service of rule on behalf of respondents Nos. 1 to 3 and Mr. K. M. Patel, learned Counsel, waives service of rule on behalf of respondent No. 4