STATE OF GUJARAT Vs. MAFABHAI JIVABHAI RABARI

JUDGEMENT

(1.) ADMIT . Shri Saurabh Mehta, learned advocate appearing for Ms. Anuja Nanavati, learned advocate waives service of notice of Admission on behalf of respective respondents. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of respective parties, all these Appeals are taken up for final hearing today.

(2.) IN all these appeals under Clause 15 of the Letters Patent, the appellants herein original respondents State of Gujarat and others have challenged the common interim order dated 22.09.2010 passed by the learned single Judge in Special Civil Application Nos.8314 of 2010, 8311 of 2010 and 8312 of 2010 by which while admitting the aforesaid Special Civil Applications, the learned single Judge has granted the interim relief during the pendency of the aforesaid Special Civil Applications directing the appellants herein original respondents to keep one post vacant of Police Sub Inspector.

(3.) SHRI Saurabh Mehta, learned advocate appearing on behalf of the respective respondents has tried to support the impugned interim order passed by the learned single Judge by submitting that in the facts and circumstances of the case, there is no error committed by the learned single Judge in granting the interim relief. It is submitted that with a view to see that ultimately if the original petitioners succeed and they are held to be entitled to the promotion, the petitions may not become infructuous and/or so as to give the effective relief to the petitioners when the learned single Judge has granted the interim relief directing the appellants to keep one post of PSI vacant, the same is not required to be interfered by this Court. In the alternative it is submitted that if at all this Court is inclined to quash and set aside the impugned interim order of directing the appellants to keep one post of PSI vacant, in that case, it may be suitably modified by specifically observing that any promotion hereinafter and/or during the pendency of the main petitions shall be subject to the ultimate outcome of the main Special Civil Applications and that in the promotion order it should be specifically mentioned.