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SCA/3072/1990 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3072 of 1990
=========================================================
VIDYOTEJAK
MANDAL & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HJ NANAVATI for
Petitioner(s) : 1 - 2.
MR JASWANT K SHAH AGP for Respondent(s) :
1, 3,
NOTICE SERVED for Respondent(s) : 2,
MR PK SHASTRI for
Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 29/01/2010
ORAL
ORDER
1.
By way of present petition, the petitioner has prayed to quash and
set aside the order dated 06.09.1689 passed by the Gujarat Secondary
Education Tribunal in Application No. 504 of 1987 wherein the
application filed by respondent No. 4 is allowed directing the
petitioner-School to pay the compensation to the respondent No.4
equal to six months salaries including allowances for the first five
years and a further amount of compensation equal to six months basic
salary for the other six years of service which the applicant has put
in the petitioner-school.
2. The
question raised in the petition has been covered by a Division Bench
of this Court in the case of B.J. Mehta vs. Janardan
Taljashanker-1980 (2) GLR 118 wherein validity of Regulation 33 was
upheld by this Court. Proviso added to Regulation 33 was also upheld
by this Court in the case of Nitin Desai vs. State of Gujarat
reported in 1990 (2) GLH 37.
3. That
being the fact situation, no further order is necessary. The petition
stands disposed of in light of above judgment. Rule is discharged.
Interim relief, granted earlier stands vacated.
(K.S.JHAVERI,
J.)
niru*
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