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IN THE HON’BLE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No. 9163 OF 2018
IA No. _______ 2019
IN
[From the Judgment and Final Order dated 09.02.2018 passed by
Hon’ble High Court of Gujarat at Ahmedabad in Letters Patent Appeal
No. 1186 of 2017]
CHAIRMAN MANAGING COMMITTEE ....PETITIONER
VERSUS
BHAVESH KUMAR MANUBHAI PARAKHIA
AND OTHERS ...RESPONDENTS
APPLICATION FOR EARLY HEARING OF THE MATTER ON BEHALF
OF THE RESPONDENT NO.1
TO,
HON’BLE THE CHIEF JUSTICE OF INDIA
AND HIS HON’BLE COMPANION JUSTICES
OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION ON BEHALF OF
THE RESPONDENT No. 1 ABOVE NAMED
MOST RESPECTFULLY SHEWETH:-
1. The Respondent no. 1 seeks to prefer present application for seeking
permission for listing the matter on board for early hearing of the present
case, as the Respondent no. 1 being the sole contesting respondent has been
suffering day to day for the past 16 years. The Respondent no. 1 also seeks
liberty to treat the counter affidavit filed by the Respondent no.1 as part and
parcel of this application.
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2. It is submitted that in the present Petition, notice was issued on 17.04.2018
and the case was last listed on 30.11.2018. As per the order of the Hon’ble
Supreme Court dated 30.11.2018, it was explicitly mentioned that the matter
be processed for listing before the Hon’ble Court as per the rules.
3. It is humbly submitted that the Respondent no. 1 herein was a teacher for the
subject “Physical Education” at Birlasagar Higher Secondary School
(hereinafter referred to as “the School”), and his services were terminated
vide letter of Termination dated 24.04.1998, at the young age of 29 years
only on the ground that his services were no longer required.
4. At this juncture it is necessary to bring to kind attention of this Hon’ble
Court that since then the Respondent no. 1 is at the age of 50 years is
nowhere employed gainfully, i.e. he has been unemployed for more than
twenty years and since then, the Respondent no. 1 has been surviving on the
mercy of the orders passed by the court of law. The Hon’ble High court of
Gujarat granted interim relief on certain conditions, one of the conditions
being to reinstate the Respondent no.1 by 01.10.2002 or the Respondent no.1
shall be paid the salary last drawn by him at the time of termination i.e. Rs.
2600/- per month from 01.10.2002. The Respondent no. 1 since more than
past sixteen years has been drawing salary of such a meager amount.
5. It is pertinent to point out that, the Respondent no.1 is surviving with utmost
grief and hardships, as it becomes impossible to run an entire family and its
expenses with Rs. 2600/-. In addition to this, the Respondent no. 1 is
suffering with a rare disease called Systematic Sclerosis Myositis
Sclerderma Overlap SLE Polymyositis Sjogren’s Syndrome from past three
years from 26.12.2015, which is causing a huge additional medical expense
for the Respondent to deal with. This rare disease has not only filled the life
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of the Respondent no. 1 with utmost misery, but it has also made it difficult
for his family with respect to day-to-day parlance.
6. The Respondent no. 1 herein has also preferred a Caveat filed on
13.04.2018, but due to some technical glitch from the Registry, name of the
Advocate on Record was not shown and Respondent no.1 could not get an
opportunity for hearing, and hence, notice dated 17.04.2018 was issued.
7. That the Respondent no.1 is therefore constrained to approach this Hon’ble
Court in the light of above compelling circumstances and it is the dire need
of the Respondent no.1 that this Petition be heard at the earliest convenience
of this Hon’ble Court.
8. That the application is bona-fide and in the interest of Justice.
PRAYER:
In the circumstances, it is, therefore, most respectfully prayed that during the
pendency and final disposal of the present Civil Appeal and Caveat , this Hon’ble
Court may graciously be pleased to:
a. Allow the present application for early hearing.
b. Pass any other or further order(s) as this Hon'ble Court may deem fit
and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS YOUR HUMBLE APPLICANT
AS IN DUTY BOUND SHALL EVER PRAY
FILED BY:-
[MANISHA T. KARIA]
ADVOCATE FOR THE APPLICANT
FILED ON:22.04.2019
