NEUTRAL CITATION
C/LPA/1364/2023 ORDER DATED: 03/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1364 of 2023
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RAMESH DAMJIBHAI PATEL
Versus
MORBI TALUKA PANCHAYAT THRO TALUKA DEVELOPMENT OFFICER
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Appellant(s) No. 1
MR. H.S.MUNSHAW for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 03/11/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) While condoning the delay, since the papers of the main Appeal were available, considering the compass of the controversy with the help of learned advocate appearing for the appellant, the Registry was directed to notify the main Letters Patent Appeal by preparing a separate board today itself, to be taken up for final consideration with the consent and request of the parties through their learned advocates.
1.1 The appeal is accordingly taken up for final consideration.
2. Heard learned advocate Mr. Krishnan Ghavaria for the appellant and learned advocate Mr. H. S. Munshaw for the respondent.
3. The challenge in this Letters Patent Appeal is directed against order dated 10.07.2023 of learned single Judge, whereby learned single Page 1 of 4 Downloaded on : Mon Nov 06 20:39:12 IST 2023 NEUTRAL CITATION C/LPA/1364/2023 ORDER DATED: 03/11/2023 undefined Judge has issued Rule in the main petition and granted interim relief to the petitioner-respondent herein in terms of prayer 6(C) of the petition and has further given liberty to the respondent-appellant herein to make appropriate representation to be decided during the pendency of the petition.
3.1 Evidently, the order sought to be called in question is an interim order. At the interim stage, no rights of the parties are finally settled.
3.2 What was called in question in the main petition was judgment and award of the Labour Court, which granted in favour of the respondent- appellant herein, the retirement benefits in terms of Resolution dated 17.10.1988. By passing the ad-interim relief, the grant of said benefits came to be stayed.
3.3 As observed hereinabove, the entire controversy is at large on merits before learned single Judge to be considered in the pending petition.
4. Para 6 of the impugned order reads as under, "Considering the submissions, particularly, the directions dated 06.01.2023 awarding retirement benefits from 04.04.2006 till the date of retirement i.e. 31.08.2022 despite the respondent not having worked with the petitioner, issue RULE returnable 04.10.2023. Interim relief in terms of para 6(C) is granted till the next date of hearing. It is open for the respondent to file appropriate representation, with necessary document, for his entitlement for the benefit of GR dated 17.10.1988 and it is open for the petitioner to decide the said representation during the pendency of this writ petition. "
4.1 Seeing the directions in two-folds, as above, it could be immediately noticed that on one hand learned single Judge has granted Page 2 of 4 Downloaded on : Mon Nov 06 20:39:12 IST 2023 NEUTRAL CITATION C/LPA/1364/2023 ORDER DATED: 03/11/2023 undefined interim relief in terms of para 6(C) of the petition and on the other hand, also permitted the respondent-appellant herein to make a representation to get the benefits of Resolution dated 17.10.1988, which is the main controversy in the petition.
5. The court is of the view that both the directions could hardly go together inasmuch as the consideration of the representation by the competent authority of Panchayat would be a fait accompli and would serve no purpose, if interim relief operates during consideration of the representation.
5.1 Therefore, while not entertaining the present Letters Patent Appeal on the ground that it is against the interim order, it is clarified and directed that while considering the representation of the appellant-the original respondent, as directed by learned single Judge, the effect of interim relief shall not be taken into account and the representation shall be decided on its own merits notwithstanding and irrespective of interim relief.
6. At this stage, learned advocate for the respondent stated that since the representation would be with regard to grant of benefit of Resolution dated 17.10.1988 of the state government, it is the competent authority of the State Government which shall be deciding the representation.
6.1 Learned Assistant Government Pleader Ms. Shruti Dhruve intervened to point out that the State is not a party in the present proceedings.
6.2 Learned advocate for the appellant seeks to join the State through its competent authority as a respondent in present matters. The Page 3 of 4 Downloaded on : Mon Nov 06 20:39:12 IST 2023 NEUTRAL CITATION C/LPA/1364/2023 ORDER DATED: 03/11/2023 undefined
amendment is granted, to be carried out forthwith.
7. The Letters Patent Appeal stands disposed of accordingly with the above observation.
The writ of this order shall also go to the newly added party-the State, which shall decide the representation on or before 22.12.2023 through its competent authority.
(N.V.ANJARIA, J) (CHEEKATI MANAVENDRANATH ROY, J) C.M. JOSHI Page 4 of 4 Downloaded on : Mon Nov 06 20:39:12 IST 2023