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SCA/7139/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7139 of 2010
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JAYSHRIBEN
G NAVADIYA & 4 - Petitioner(s)
Versus
STATE
OF GUJARAT TO BE SERVED THRO' SECRETARY & 3 - Respondent(s)
=========================================================
Appearance :
MR
DHARMESH V SHAH for Petitioner(s) : 1 - 5.
MR JK SHAH AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 23/06/2010
ORAL
ORDER
1. Heard
Mr. Pujara learned counsel for the petitioners.
Rule
returnable on 20.01.2011. To be heard along with Special Civil
Application No. 1485 of 2010. The interim relief as prayed for by
the petitioners cannot be granted, as it would amount to allowing the
petition, at this stage. However, it is clarified that if,
ultimately, the petitioners succeed in the present proceedings, the
respondent-authority shall pay the amount, which the petitioners are
entitled, within a period of six weeks from the date of decision of
this Court.
2. The
aforesaid order has been passed in view of the fact that if interim
relief as prayed for is granted, then it would be difficult for the
petitioners to make repayment of the amount as it will have to be
recovered from their retiral and / or pensionary benefits, if they
fail in the present proceedings. Therefore, it would be appropriate
that the amount in question is retained by the Government until the
final outcome in the present proceeding. It is, however, observed
that if, ultimately, the impugned order is found to be patently
illegal, the petitioners shall be entitled to receive interest on the
said amount at the rate which may be prevailing at the relevant time.
[K.S.
JHAVERI, J.]
/phalguni/
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