SCA/16867/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 16867 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE ANANT S. DAVE ====================================== 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 ? ====================================== RAMESHBHAI LAVJIBHAI PATHAN Versus STATION COMMANDER & another ====================================== Appearance : MS MAMTA R VYAS for Petitioner MR HRIDAY BUCH for Respondents ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 17/01/2008 ORAL JUDGMENT SCA/16867/2007 2/2 JUDGMENT 1 The petitioner by way of the present petition under Article 226 of the Constitution of India seeks a direction against the respondents to release the salary of the petitioner from the month of March 2007 as per the Rules and further direction to allow the petitioner to resume duty. 2 Shri Hirday Buch, learned counsel for the respondents, submits that the salary of the petitioner is being paid regularly as per the rules and no written order is passed prohibiting the petitioner from performing the duties. 3 Ms. Mamta Vyas, learned counsel for the petitioner submits that the petitioner may be permitted to make a representation claiming the salary for the interregnum period. 4 The petitioner shall be at liberty to make a representation claiming the salary for the interregnum period and the respondents-authorities are directed to consider the same in accordance with law and the Rules in this regard. 5 With the aforesaid direction, this petition stands disposed of. Notice is discharged with no order as to costs. (ANANT S. DAVE, J.) (swamy)