MULSHANKAR JIVANLAL PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellant No.1 Mulshankar Jivanlal Pathak now through his heirs and legal representatives original plaintiff No.1 challenging the Judgement and Order passed by the learned District Judge, Rajkot dtd.30/8/2005 passed in Regular Civil Appeal No. 22 of 1998 by which the learned appellate court has allowed the said appeal preferred by the respondents herein original defendants by quashing and setting aside the judgement and decree passed by the learned trial court in Regular Civil Suit 780 of 1991 dtd.31/1/1998.

(2.) THAT the original plaintiffs instituted Regular Civil Suit No.780 of 1991 against the respondents original defendants in the court of learned Civil Judge (SD), Rajkot for a declaration that the plaintiffs are entitled to claim amount of temporary increase in the pension even on acceptance of the reemployment after retirement.

(3.) PRESENT appeal is opposed by Mr.Pranav Dave, learned Assistant Government Pleader appearing on behalf of the respondents original defendants. It is submitted that as such the impugned Judgement and Order passed by the learned appellate court is on interpreting the Government Resolution, which is not required to be interfered with by this Court. It submitted that as such no substantial question of law arise in the present Second Appeal. Therefore, it is requested to dismiss the present Second Appeal.