UNION OF INDIA Vs. KESARIBEN MANSUKHBHAI

JUDGEMENT

(1.) WE have heard Ms.Vasavdatta Bhatt, learned counsel appearing for the appellants and Mr.Y.V.Shah, learned counsel appearing for the respondent. Today, only Civil Application has been listed. Learned counsel for the parties stated that Civil Application as well as Letters Patent Appeal both should be decided together today itself. With the consent of the learned counsel for the parties, we have taken this Appeal for final disposal. Learned counsel for the appellants Ms. Vasavdatta Bhatt has urged that the learned Single Judge while adjourning the matter to 21st July, 2011, has directed the appellants to deposit the amount of provident fund, gratuity, leave encashment and family pension which is payable to the widow of Mansukhbhai, Ex-Trolleyman. She has urged that without assigning reasons, such an order cannot be passed, that too, by interim order without deciding the writ petition finally. WE find force in the submission of the learned counsel for the appellants that by way of interim relief, final relief cannot be granted.

(2.) THE Apex Court in State of U.P. and Others V/s. Ram Sukhi Devi, (2005) 9 SCC 733 wherein in paragraph 8, has clearly held that final relief cannot be granted by way of interim relief. Paragraph 8 of the aforesaid decision is extracted below :-