Government Of Gujarat vs Salot Maksud Aamadbhai
2022 Latest Caselaw 660 Guj

      C/SCA/2115/2018                                  ORDER DATED: 19/01/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 2115 of 2018

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             GOVERNMENT OF GUJARAT & 5 other(s)
                          Versus
            SALOT MAKSUD AAMADBHAI & 1 other(s)
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Appearance:
MS MEGHA CHITALIYA, AGP (1) for the Petitioner(s) No.
1,2,3,4,5,6
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1
MR. HARSH K THAKAR(7172) for the Respondent(s) No. 2
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 19/01/2022

                                 ORAL ORDER

1. Heard learned AGP Ms. Megha Chitaliya for the petitioners and learned advocate Mr. Rituraj Meena for the respondent No. 1 and learned advocate Mr. Harsh Thakar for the respondent No. 2.

2. In this matter, the petitioners have challenged judgment and order dated 20.10.2010, passed by Additional District Judge and Presiding Officer, 2nd Fast Track Court, Rajkot in Civil Misc. Appeal No. 83 of 2010.

2.1 It is stated that a suit being Regular Civil Suit No. 80 of 2010 is filed by plaintiff, respondent herein, challenging termination order passed by petitioners. During pendency of said civil suit, one application, Exh. 5 was filed with a prayer to grant interim relief against the termination order. The said Exh. 5 application came to be dismissed vide order dated 14.07.2010 by

C/SCA/2115/2018 ORDER DATED: 19/01/2022

the learned 13th Additional Senior Civil Judge, Rajkot. Against which, an appeal came to be preferred by the plaintiff, the respondent herein, which came to be allowed by the impugned order dated 20.10.2010 and the order dated 14.07.2010, passed below Exh. 5 by the learned 13 th Additional Senior Civil Judge, Rajkot in Regular Civil Suit No. 80 of 2010 came to be set aside and ad-interim injunction was granted as per Para 2 till final disposal of the suit. Accordingly, the learned lower Appellate Court has granted the stay against termination order, meaning thereby, a mandatory order has been issued by the learned lower Appellate Court. Against the said order, this writ petition is filed by petitioners.

3. This Court had issued notice on 14.02.2018, making it returnable on 28.03.2018, which is duly served upon the respondent.

4. The Court has considered the facts and circumstances of case on hand. The respondent was appointed as an Ad-hoc Tutor in Pharmacology in on 21.12.1995. From that date onwards, he remained continued in service by various office orders and ultimately, his service was terminated on 22.12.2009. Meanwhile, there was no break in services rendered. This termination order was challenged in civil suit filed by plaintiff. This legal fight between both the parties against an interim order passed by learned trial Court as well as learned lower Appellate Court upon Exh. 5. Therefore, in the considered opinion of this Court, if this writ petition would be admitted, it may take some time to decide it finally, which may adversely affect the status of plaintiff and also delay the proceedings of the civil suit, which will not be in the interest of either party. Therefore, it would be in

C/SCA/2115/2018 ORDER DATED: 19/01/2022

the fitness of things if the learned trial Court is directed to decide Regular Civil Suit No. 80 of 2010 within a reasonable time with co-operation of respective parties, which will meet the ends of justice and till then, the impugned judgment and order in this writ petition is directed to be continued.

5. In the aforesaid backdrop, the learned trial Court concerned is directed to decide the Regular Civil Suit No. 80 of 2010 finally, after giving reasonable opportunity of hearing to respective parties, as early as possible preferably within a period of six months from date of receiving copy of present order, in accordance with law and during pendency of aforesaid civil suit, the order dated 20.10.2010, passed by the learned Additional District Judge and Presiding Officer, 2nd Fast Track Court, Rajkot in Civil Misc. Appeal No. 83 of 2010 shall be continued till the aforesaid Regular Civil Suit No. 80 of 2010 is finally decided. The learned trial Court concerned may give priority to Regular Civil Suit No. 80 of 2010 as the plaintiff is out of job and he may be able to get justice within a reasonable period.

5.1 With aforesaid observations and directions, this writ petition is disposed of. It is made clear that this Court has not opined anything on merits and learned trial Court concerned shall decide the suit, on merits, without being influenced by order of this Court, in accordance with law.

[ A. C. Joshi, J. ] hiren