LPA/259/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 259 of 2008 In SPECIAL CIVIL APPLICATION No. 19551 of 2006 With LETTERS PATENT APPEAL No. 260 of 2008 In SPECIAL CIVIL APPLICATION No. 19551 of 2006 With CIVIL APPLICATION No. 2918 of 2008 In LETTERS PATENT APPEAL No. 259 of 2008 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 & 3 - Appellant(s) Versus JASHWANTKUMAR JAYANTILAL SANGHAVI & 1 - Respondent(s) ========================================================= Appearance : MRS VAIJAYANTI PATHAK, AGP for Appellant(s) : 1 - 4. None for Respondent(s) : 1, MRS KRISHNA G RAWAL for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER LPA/259/2008 2/4 JUDGMENT Date : 10/03/2008 COMMON ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Heard the learned advocates. Both these Appeals arise from the orders made on above Special Civil Application No.19551/2006. By order dated 2nd March, 2007 made by the learned Single Judge, the appellants – State Government was directed to process the pension papers of the writ petitioner, the respondent no.1 herein. Pursuant to the said order, the pension case of the respondent was processed and pension payment order was made. In view of the said pension payment order, by order dated 8th March, 2007 the petition was disposed of as the cause of action did not survive. It appears that the real matter at issue, whether the respondent no.1 was the servant of the State Government or the respondent – Dhandhuka Municipality was not decided. The question whether the service of the respondent LPA/259/2008 3/4 JUDGMENT no.1 was pensionable or not was also not examined. In above view of the matter, with the consent of the learned advocates, we allow the above Letters Patent Appeal No.259/2008. The order dated 8th March, 2007 made by the learned Single Judge is quashed and set-aside. The Special Civil Application No.19551/2006 is remanded to the learned Single Judge for hearing and decision afresh on condition that the appellants-State Government will file its counter-affidavit within one month from today. We do not entertain the challenge to the order dated 7th February, 2007 as the same has been complied with and is exhausted. We, however, make it clear that the pension received by the respondent no.1 under order dated 7th February, 2007 will be ad-hoc and subject to the result of the writ petition. Both these Appeals and the Civil Application LPA/259/2008 4/4 JUDGMENT stand disposed of in the above terms. Registry will maintain copy of this order in each Appeal. (K.M.Thaker, J.) (Ms. R.M.Doshit, J.) /moin