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CA/7180/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7180 of 2011
In
LETTERS
PATENT APPEAL No. 979 of 2011
In
CIVIL APPLICATION No. 16307 of 2010
=========================================
STATE
OF GUJARAT & 3 - Petitioner(s)
Versus
KRUSHNAKANT
KANTILAL PATEL & 17 - Respondent(s)
=========================================
Appearance :
Mr. N.J.Shah,
Assistant GOVERNMENT PLEADER for the
Petitioners.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 14/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Rule
returnable on 7th September, 2011. We have heard learned Assistant
Government Pleader for the appellants. Learned Assistant Government
Pleader has urged that once Integrated Education for Disabled
Children Scheme as framed by the Central Government has come to an
end, 100% finance which was given by the Central Government was
stopped. The effect was that teachers would cease from their duty and
no salary could be paid to them. There was no question of
retrospective termination, as termination was automatic after the end
of the scheme. Learned Assistant Government Pleader has further urged
that by way of interim relief, final relief has been granted. It is
well settled by the Apex Court that by way of interim relief, final
relief cannot be granted. Though the writ petition is pending,
directions have been issued by the learned Single Judge which amounts
to granting final relief which is not permissible in law. We find
force in the submissions of the learned counsel for the appellants.
Therefore, the appellants are entitled for interim relief.
2. Until
further orders of this Court, the effect and operation of the order
dated 27.12.2010 passed by the learned Single Judge in Civil
Application No. 16307 of 2010 in Special Civil Application No. 1077
of 2010 shall remain stayed.
(V.M.SAHAI,J)
(G.B.SHAH,J)
***vcdarji
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