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LPA/317/1995 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 317 of 1995
In
SPECIAL
CIVIL APPLICATION No. 711 of 1981
WITH
CIVIL
APPLICATION No. 3258 of
1995
=========================================
STATE
OF GUJARAT & 2 - Appellant(s)
Versus
SHAILESHKUMAR
RAMANLAL SHAH - Respondent(s)
=========================================
Appearance :
MR
N J SHAH, AGP for Appellant(s) : 1 - 3.
NOTICE SERVED for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 02/12/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Challenge
in this appeal is to the order dated 22/23.02.1995 passed in Special
Civil Application No. 711 of 1981 and other allied matters by learned
Single Judge of this Court whereby the petition preferred by the
respondent herein came to be allowed and it was ordered that the
respondent herein was deemed to have been appointed as Research
Assistant from 03.08.1965 in the services of the Director of
Education and the appellants herein were directed to give all such
monetary benefits at par with the Research Assistants in the services
of the Director of Education and to also fix the seniority and give
promotions on the principle of next below rule within eight weeks
from the receipt of the writ of this Court.
2. Upon
hearing Mr. Shah, learned AGP, for the appellant, and considering
record of the matter as also order dated 19.12.1997 passed in Civil
Application No. 3257 of 1995 which was preferred by the appellant
herein for condonation of delay in the present LPA and the
submissions made by learned counsel for the respondent, it was seen
that there was no necessity for the Government (the appellants
herein) to challenge the impugned order. It was further submitted at
bar that the respondent had retired from service after availing all
the benefits of retirement, and further considering the peculiar
situation that had arisen in the present matter so also considering
the fact that the impugned order was not stayed during the pendency
of this LPA in the Civil Application as shown above in the cause
title, we are of the opinion that since the matter pertains to
financial benefits which were accorded to the respondent while he was
in service and considering the fact that by now he has already
retired before about thirteen years, now no useful purpose would be
served in proceeding further with the LPA and it would now amount to
only academic exercise. It need to be reiterated that in spite of
pendency of the civil application for stay since 1995 it does not
appear to have been pressed for any interim order and has remained
pending till today. Thus, the appeal as well as civil Application
have been rendered infructuous merely by inaction of the appellant
and, as on today, it is not certain whether the respondent even
survives or not. Under the circumstances, the appeal as well as the
civil application are dismissed.
[D.H.WAGHELA,
J.]
[J.C.UPADHYAYA,
J.]
JYOTI
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