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SCA/8311/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8311 of 2009
=========================================================
STATE
OF GUJARAT - Petitioner(s)
Versus
MALINI
RAGHUNATHAN & 3 - Respondent(s)
=========================================================
Appearance
:
Mr.JASHWANT
SHAH, ASST GOVERNMENT PLEADER
for
Petitioner(s) : 1,
None for Respondent(s) : 1,
RULE NOT RECD
BACK for Respondent(s) : 1.2.1
RULE SERVED for Respondent(s) : 2
- 4.
MR DC DAVE for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 30/08/2010
ORAL
ORDER
On
11th August 2009 this Court (M.R. Shah, J.) issued rule
and granted ad interim relief in terms of para 19(C). Para 19(C)
reads as under:
Pending
hearing and admission of the present petition, your Lordship may be
pleased to grant stay against execution, implementation and operation
of order dated 26.03.2007 passed by the learned Gujarat Affiliated
Service Tribunal at Ahmedabad in Application No.4 of 1998.
2. Learned
Assistant Government Pleader (AGP) Mr.Jashwant Shah apprises the
Court that by the impugned order, the Tribunal has permitted the
original respondent, who having died, his wife is on record as
respondent no.1/1 to continue in service till she reaches the age of
58 years. Now that the original applicant before the Tribunal has
already expired, the urgency in the matter does not survive.
However, to see that the matter is heard on merits, the learned AGP
is permitted to effect direct service, if required by Speed Post to
respondent no.1/1 of the rule issued by this Court on 11th August
2009.
3. The
Registry is directed to issue PROCESS OF RULE returnable on
22nd September 2010. The learned AGP is permitted to
effect direct service by Speed Post.
(RAVI
R. TRIPATHI, J.)
karim
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