KEROLIN KUMUDCHANDRA SHAH Vs. S. J. HAIDER

JUDGEMENT

(1.) At the outset, learned AGP Ms. Vrunda Shah has submitted that, by order dtd. 30/1/2023 passed in Letters Patent Appeal No. 107 of 2023 in Special Civil Application No. 6731 of 2019 with Civil Application (For Stay) No.1 of 2022 in Letters Patent Appeal No.107 of 2023, the Division Bench has stayed the order passed by the learned Single Judge dtd. 23/2/2022. Thus, she has submitted that Misc. Civil Application No.1/2023 in Misc. Civil Application No. 967 of 2022, for recall of the said order of the learned Single Judge will not survive. However, she has requested that the amount of Rs.8,68,845.00 which is deposited pursuant to the order dtd. 19/12/2022 passed in Misc. Civil Application No. 967 of 2022, i.e. the present Application, may be allowed to be withdrawn.

(2.) Learned Advocate Mr. Ekrama H. Qureshi for the Applicant has submitted that the Original Petitioner, who is a Lecturer (Class-II) (Electronics & Communication) in Government Polytechnic, Ahmedabad, has filed Civil Application No. 1 of 2023 (for recall) in LPA 107/2023 in Special Civil Application No. 6731 of 2019, requesting to recall the order dtd. 30/1/2023 passed in Letters Patent Appeal No. 107 of 2023 in Special Civil Application No. 6731 of 2019, and hence, at this stage, he has submitted that the amount which is deposited before the Registry of this Court, may be subject to the orders passed in LPA 107 of 2023 and, the Application, which is filed by the Original Petitioner may be disposed of.

(3.) In view of the aforesaid facts, since the Division Bench is already seized with the order and the directions as issued by the learned Single Judge are already stayed, the present Misc. Civil Application No. 967 of 2022, filed for contempt, is disposed of. The amount of Rs.8,68,845.00, which is deposited pursuant to the order dtd. 19/12/2022, passed in the captioned Misc. Civil Application No. 967 of 2022, its disbursement is made subject to the orders passed in the LPA. It will be open for the respective parties to obtain appropriate orders in this regard.