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SCA/4363/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4363 of 2008
=========================================================
TOWN
PLANNING OFFICER & 1 - Petitioner(s)
Versus
KALIDAS
ISHWARBHAI PRAJAPATI & 1 - Respondent(s)
=========================================================
Appearance
:
Ms.
Nisha Parikh, Asst.GOVERNMENT
PLEADER for
Petitioner(s) : 1 - 2.
NOTICE SERVED for Respondent(s) : 1 - 2.
MR
P C CHAUDHARI for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 31/07/2008
ORAL ORDER
Learned
AGP submitted that the petitioner shall make payment as contemplated
under Section 17B or shall offer employment to the respondent. This
petition has been admitted by order dated 6.5.2008 and by the same
order ad-interim relief in terms of Para 9(ii) is granted subject to
compliance of Section 17B. The petitioner may either offer
employment to the respondent and reinstate him to his original post,
of course without prejudice to rights and contentions during pendency
of present petition and to pay him regular salary; or to make payment
in accordance with Section 17B. It is also directed that the
compliance of the directions should be carried out within 10 days
from today meaning thereby if the petitioner intends to reinstate the
respondent, then such reinstatement should be effected within 10 days
from today or the respondent should start making payment in
accordance with Section 17B within 10 days from today and should
continue to pay such wages under Sec. 17B during pendency of this
petition, without default.
2. The
office is directed to list the matter for final hearing in due
course. The aforesaid interim relief shall enure during the hearing
and adjudication of the petition until final disposal.
[
K.M. Thaker, J. ]
rmr.
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