1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal No. 181 of 2009 IN Writ Petition No.3513 of 2008 [decided] [Prafulla R. Deshmukh (deleted) Smt. Lata Suresh Narad Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.P. Kshirsagar, Adv., for the appellant. Mr. S.S. Doifode, AGP for respondent nos. 1, 10 and 11. Mr. S.G. Jagtap, Adv., for respondent nos. 2 & 3. Mr. Patil, Adv., for Respondent Nos. 4 and 5. ----- CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 08th September, 2009. 1. The Letters Patent Appeal was already heard and disposed of finally on 22nd April, 2009. However, thereafter, it was found that respondent nos. 4 to 9 were not served and hence the said Judgment was recalled and Letters Patent Appeal has been placed again for fresh consideration. 2. Taking advantage of the fact that 2 Letters Patent Appeal is to be heard again, Adv. Mr. Kshirsagar for appellant as also Adv. Mr. Jagtap for respondent nos. 2 and 3 have again argued the matter afresh. 3. After hearing them, we do not find it necessary to make any change in the said Judgment. The respondent nos. 4 and 5 through their Adv., have given no objection to the arrangement as finalized in the Judgment dated 22nd April, 2009. Respondent Nos. 6,7 and 8 are minors and they are being represented by their mother  natural guardian, i.e., respondent no. 5. Respondent no.9, though served, has chosen not to appear. 4. In this view of the matter, the following order is passed:- [i] The only issue before us is whether the appellant could have been rightly excluded from the benefit of the license on the ground that she was a Government Servant. There is no dispute between the parties that the appellant s conditions of service are governed by Rule 15 of the Central Civil Services (Conduct) Rules. It [to the extent it relates] provides as follows:- 15. Private trade or employment (1) Subject to the provisions of sub-rule (2), no Government servant shall, except with the previous 3 sanction of the Government - (a) engage directly or indirectly in any trade or business; or (b) to (f) ..... (2) A Government servant may, without the previous sanction of the Government,- (a) to (e) ..... (3) Every Government servant shall report to the Government if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency. (4) ..... [ii] It is, therefore, clear that the appellant s right to become a licensee is conditional upon the permission of the Government. Accordingly, the parties agreed to the following:- [a] If the appellant gets permission as contemplated by Rule 15 of the Central Civil Services (Conduct) Rules, she may file a fresh application to the Collector for being included as a legal heir for the purposes of Country Liquor Shop. [b] The Collector shall decide the 4 application after hearing all the parties, in accordance with law. [c] The Judgment in appeal is set aside to that extent. 5. Order accordingly. Appeal is disposed of. No costs. Judge Judge |Hedau|