IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3086 of 1984 For Approval and Signature: Hon'ble MR.JUSTICE D.H.WAGHELA ======================================================== 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO --------------------------------------------------------- SEVANTIBHAI LALLURAM RAVAL Versus STATE OF GUJARAT ---------------------------------------------------------- Appearance: Mr. H.M. Mehta, Senior Counsel with MRS VASAVDATTA BHATT for Petitioner No. 1 Mr. A.J. Desai, AGP for Respondent No. 1-2 Mr. A.D. Mithani for MR PM RAVAL for Respondent No. 3 ----------------------------------------------------------- CORAM : MR.JUSTICE D.H.WAGHELA Date of decision: 28/09/2001 ORAL JUDGEMENT The learned Senior Counsel, Mr. H.M. Mehta, appearing for Mrs. Vasavdatta Bhatt for the petitioner, and Mr. A.D. Mithani on behalf of learned advocate, Mr. P.M. Raval appearing for respondent No.3 have expressed a limited consensus after prolonged negotiation. It was submitted that in view of the peculiar facts and circumstances of the case and as agreed among the aforesaid parties, an order in terms of their consent may be made. The learned A.G.P., Mr. Desai went through the draft terms of consent and has expressed no objection to the case being disposed of in light of consent terms as long as no liability was imposed on respondents No. 1 and 2. The necessary clarifications are therefore made hereunder. 2. In terms of the consensus as above, it is directed that the petitioner shall be deemed to have been reinstated in service with continuity of service upto 1st September, 1985 without being entitled to any actual benefits or backwages, in lieu of which he shall be paid within 8 weeks from today a sum of Rs. 21,000/- by the respondent No.3 in full and final settlement of all the claims arising from the service of the petitioner under the respondent No.3. It will be open for the respondent No.3 to claim the amount paid as above by way of grant or otherwise from the respondents No. 1 or 2 and if such claim is made, the same shall be considered by the respondents No. 1 and 2 in accordance with law. 3. With the observation and directions as above, the petition is disposed of with no order as to costs. Rule is discharged. Interim relief stands vacated. Direct service permitted. rmr. [ D.H. Waghela, J. ]