LPA/1582/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1582 of 2007 In SPECIAL CIVIL APPLICATION No. 24918 of 2006 With CIVIL APPLICATION No. 10796 of 2007 In LETTERS PATENT APPEAL No. 1582 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE OF GUJARAT - Appellant(s) Versus DILIPBHAI H MEHTA & 2 - Respondent(s) ========================================================= Appearance : MRS VAIJAYANTI PATHAK, AGP for Appellant(s) : 1, MR MEHUL H RATHOD for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 28/01/2008 LPA/1582/2007 2/4 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Heard the learned advocates. With the consent of the learned advocates, the Appeal is heard and decided today. This Appeal preferred under clause 15 of the Letters Patent arises from the order dated 10th April, 2007 made by the learned Single Judge pending the above Special Civil Application No.24918/2006. The respondent was appointed as Medical Officer, Class-II by the appellant, State Government and was posted under the District Panchayat, Surat. By order dated 30th October, 2006 made by the State Government, the respondent has been ordered to be dismissed from service. Feeling aggrieved, the respondent has preferred the above Special Civil Application No.24918/2006. According to the respondent on 30th October, 2006 he was due to retire from service on reaching the age of superannuation. The learned Single Judge has, by impugned order, directed the State Government to pay to the respondent the retirement benefits. Therefore, the present Appeal. LPA/1582/2007 3/4 JUDGMENT It is not disputed that after holding the departmental inquiry the respondent has been ordered to be dismissed from service. Challenge to the said order of punishment is at large before the learned Single Judge. Unless the order of punishment were set-aside, the respondent could not have been paid retiral benefits as if he had retired from service on reaching the age of superannuation. The learned Single Judge has clearly erred in treating the respondent to have retired from service and in directing the State Government to pay to the respondent the retiral benefits. In above view of the matter, the Appeal is allowed. The impugned order dated 10th April, 2007 made by the learned Single Judge is set-aside. The prayer for interim relief pending the writ petition is rejected. In view of the above order, Civil Application stands disposed of. Parties will bear their own cost. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) LPA/1582/2007 4/4 JUDGMENT /moin