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LPA/408/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 408 of 2010
In
SPECIAL
CIVIL APPLICATION No. 13979 of 2008
To
LETTERS
PATENT APPEAL No. 412 of 2010
In
SPECIAL CIVIL APPLICATION No.
13983 of 2008
With
CIVIL
APPLICATION No. 2539 of 2010
In
LETTERS
PATENT APPEAL No. 408 of 2010
To
CIVIL
APPLICATION No. 2543 of 2010
In
LETTERS PATENT APPEAL No. 412 of
2010
=========================================================
REGISTRAR
& 3 – Appellant(s)
Versus
PUNKAJKUMAR
B HELAIYA – Respondent(s)
=========================================================
Appearance
:
MR
NJ SHAH, ASSTT.OVERNMENT PLEADER
for
Appellants.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 27/09/2010
ORAL
COMMON ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
By
these appeals, the appellants challenge the following order passed by
the learned Single Judge in Special Civil Application Nos. 13979/2008
and allied matters, on 20.1.2009;-
RULE.
Expedited.
Interim relief in terms of Para-6(D) of each of the petitions.
The
respondent-State Government to file their reply, if any, within a
period of six months from today.
Order
in Civil Application.
Heard.
In view of the averments made in the application, the same is allowed
in terms of Paras-5(A) & (B).
Even
otherwise, it shall be open to the applicant to apply for certified
copies of the documents in question, in which case, the
respondent-authority will provide it, at the cost of the applicant.
The application stands disposed of accordingly.
2. Heard.
The order impugned is an interim order. The main petitions are
pending to be heard finally. It is contended that the regular
recruitment process would be stalled by this injunction. But, there
is nothing on record to show that such recruitment process has been
undertaken or a select-list is prepared. Non-grant of interim relief
to the petitioners-respondents herein would ultimately make the
petitions infructuous, if the respondents to the petitions and
appellants herein implement the termination of services of the
respondents herein. By the order impugned, no permanent relief, which
may cause permanent prejudice to the interest of the appellants, is
granted. The petitions before the learned Single Judge have already
been expedited. We do not think that this is a good case where powers
under Clause 15 of the Letters Patent are required to be exercised.
The appeals must fail and stand dismissed.
Civil
Application Nos.2539/2010 to 2543/2010
In
view of the order passed in the main appeals, these applications do
not survive and stand disposed of accordingly.
[A.L.Dave,J.]
[M.D.Shah,J.]
(patel)
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