DEODAR TALUKA PANCHAYAT Vs. BHIKHALAL AMRUTLAL SHAH

JUDGEMENT

(1.) xxx xxx xxx.

(2.) All these appeals arise out of a common interim order passed by the learned single Judge in Special Civil Application No. 2898 of 1997. The said petition was filed by Shri Bhikhabhai Amrutlal Shah respondent No. 1 in all these Letters Patent Appeals. The grievance voiced by him was that even though he retired in April 1993, on reaching the age of Clerk in Deodar Gram Panchayat, he was not paid his pension, gratuity and other retiral benefits. Though period of three years passed, he was not paid retiral dues, and, hence, he was constrained to approach this Court.

(3.) It appears that the petition was filed on April 11, 1997. On April 23, 1997, Rule was issued. Notice was issued as to interim relief returnable on August 20, 1997. Thereafter, time was sought by the respondents, which was granted and the matter was adjourned to September 3, 1997, September 10, 1997 and ultimately on September 24, 1997, interim order was passed, which is impugned in the present Letters Patent Appeals. By the impugned order, the learned single Judge directed the respondents to pay all retiral benefits to the petitioner, failing which the Sarpanch of the Gram Panchayat, Taluka Development Officer and Development Commissioner to remain personally present on October 16, 1997. Immediately thereafter the present Letters Patent Appeals were filed and interim orders were obtained.