SCA/5060/1986 of GUJARAT LAW SOCIETY Vs STATE OF GUJARAT on 23 December 1996

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?

-------------------------------------------------------------- GUJARAT LAW SOCIETYVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: Mr. D.G.Shukla for MR SI NANAVATI for Petitioners Mr. V. B. Gharania for Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 23/12/96

ORAL JUDGEMENT

The petitioner - Gujarat Law Society has filed this petition with the prayer for a direction to respondents No.1 and 2 to include the salaries of respondent No.4 in the pay packet to be submitted from time to time by petitioner No.2 College for the period 21st September 1986 to 31st October, 1986. The actual date of retirement of respondent No.4 was 21st September, 1986 and he was required to be continued up to 31st October, 1986 as per the University Circular. The academic year has been divided into two terms. The first term ended on 31st October of the year and the second term ended on 14th June of the year concerned. The matter is squarely covered in favour of the petitioner by the decision of this court rendered in Special Civil Application No.5059 of 1986 decided on 19th December, 1996. The claim of the petitioner for salary of respondent No.4 for the period 29th September, 1986 to 31st October 1986 has to be reimbursed by the Government by giving grant.

2. In the result this special civil application succeeds and the same is allowed. The prayer of the petitioner as made in para 21(A) is granted. Rule made absolute in the aforesaid terms. No order as to costs.

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