D L SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Shivang Shukla, learned Assistant Government Pleader waives the service of notice of rule on behalf of the respondents.

(2.) PRESENT application has been preferred by the applicant herein original petitioner to direct the respondent by way of interim relief to grant interim to grant provisional pension and gratuity and to pay provident fund, gratuity, insurance, leave encashment of the petitioner etc. pending hearing and final disposal of the main Special Civil Application.

(3.) THE aforesaid relief by way of interim relief cannot be granted. Granting such an interim relief would tantamount to allowing the main Special Civil Application. However, the alternative prayer of the petitioner for fixing early date of hearing of the main Special Civil Application can be considered. In the facts and circumstances of the case, the registry is directed to notify the main petition being Special Civil Application No. 9265 of 2008 for final hearing on 29th July, 2009. Rule is made absolute to the aforesaid extent only. In the facts and circumstances of the case, there shall be no order as to costs.