Gujarat Medical Services ... vs M J Thaker
2021 Latest Caselaw 467 Guj

         C/LPA/47/2021                                   ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/LETTERS PATENT APPEAL NO. 47 of 2021
                                In
           R/SPECIAL CIVIL APPLICATION NO. 8640 of 1992
                              With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                                In
             R/LETTERS PATENT APPEAL NO. 47 of 2021
==========================================================
         GUJARAT MEDICAL SERVICES CORPORATION LTD.
                           Versus
                        M J THAKER
==========================================================
Appearance:
MR UTKARSH R SHARMA(6157) for the Appellant(s) No. 1,2
for the Respondent(s) No. 1,2,3
==========================================================
 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
         and
         HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                          Date : 13/01/2021

                           ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

ORDER IN LETTERS PATENT APPEAL:

Heard Shri Utkarsh Sharma, learned counsel for the appellants.

ADMIT. Issue NOTICE.

ORDER IN CIVIL APPLICATION :

1. Heard Shri Utkarsh Sharma, learned counsel for the applicants.

2. Shri Sharma submits that whatever benefits were due to the original writ petitioner (respondent No.1 herein) treating

C/LPA/47/2021 ORDER

him to be a class-IV employee and having retired at the age of 60 have already been extended to him and nothing further is to be paid. The applicants are aggrieved only by the relief granted by learned Single Judge in para 28 of the judgment, whereby deemed promotion has been ordered with all consequential benefits.

3. Till further order of this Court, the effect and operation of the impugned judgment passed by learned Single Judge shall remain stayed to the limited extent it grants deemed promotion and all consequential benefits to the original petitioner- respondent No.1 herein.

The Civil Application stands disposed of.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) OMKAR