LPA/327/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 327 of 2008 In SPECIAL CIVIL APPLICATION No. 17209 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PUNAMCHAND R PATEL - Appellant(s) Versus THE STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR PF MAKWANA for Appellant(s) : 1, MS VS PATHAK, ASST. GOVERNMENT PLEADER for Respondent(s) : 1 - 2. None for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 08/04/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) LPA/327/2008 2/3 JUDGMENT Heard the learned advocates. Mr. Makwana has candidly admitted that the appellant had reached the age of superannuation in the year 1999. Feeling aggrieved by order dated 12th July, 2007 made by the learned Single Judge in above Special Civil Application No.17209 of 2007, the appellant – writ petitioner has preferred the present Appeal under Clause 15 of the Letters Patent. It appears that the appellant was appointed as Surveillance Inspector / Investigator under the then Public Health Department of the State Government. His service came to be terminated by order dated 11th September, 1969 made by the Director of Health and Medical Services. The said order was challenged by the appellant in above Special Civil Application No.17209 of 2007 as being violative of Article 311 of the Constitution of India. The challenge has been rejected on the ground of delay and laches. We are in agreement with the learned Single LPA/327/2008 3/3 JUDGMENT Judge. The challenge to the impugned order dated 11th September, 1969 in a petition preferred in the year 2007 was indeed vitiated by delay, laches and acquiescence. No case for interference is made out. The Appeal is dismissed in limine. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) kdc