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SCA/10346/1998 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10346 of 1998
=========================================================
MH
KAZI & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
JA ADESHRA for
Petitioner(s) : 1 - 2.
RULE SERVED BY DS for Respondent(s) : 1 -
2.
MR UM SHASTRI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/04/2010
ORAL
ORDER
1. The
petitioners have prayed to quash and set aside the office order
dated 5th November 1998 bearing No. 229 of 1998 qua the
petitioner, declaring and holding the same to be illegal.
2. On
4th December 1998 this Court passed following order
:
Heard
the learned Counsel.
Rule.
To be heard with Special Civil Application No.
4698 of 1998.
Notice as to interim relief returnable on
10.12.1998.
In the meanwhile, the operation of order dated
5.11.1998 at Annexure-A shall remain stayed qua all the
petitioners in these three cases and they shall be
allowed to continue to function as Drivers as they were
working prior to the passing of the impugned order dated
5.11.1998.Direct
Service.
3. It
is required to be noted that in view of the above interim order the
petitioners continued in service. The above order was passed in the
year 1998. Since the petitioners continued in all these years in
service at this stage it would not be appropriate to disturb the
said position. Therefore the present petition is disposed of
interms of the above interim order. Rule is made absolute to the
aforesaid extent with no order as to costs. Liberty to apply in case
of difficulty.
(K.S.
Jhaveri,J.)
mary//
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