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1999 Supreme(Guj) 626
Gujarat High Court
Judgename :J.M.Panchal, P.B.MAJMUDAR
GUJARAT ELECRICITY BOARD - Appellant
Versus
RAJESHKUMAR BABULAL PANARA - Respondent
S.C.A. 4886 of 1987
Decided On : 11/17/1999
Headnote:
Letters Patent Appeal – Clause 15 – Employment and service matter – Cancellation of appointment – Eligibility criteria – Order passed in Special Civil Application by which the appellants are directed to reinstate the original petitioner as apprentice during the pendency of above-numbered petition – Appeal against – Respondent no. 1 was appointed as an apprentice – According to the appellants, he was not eligible for being appointed as an apprentice and, therefore, his appointment was cancelled – That order was challenged by him in Special Civil Application – Held, It indicates that the petition is dismissed by the learned Single Judge and interim relief granted is also vacated – As the main petition is disposed of, this appeal which is directed against interim order, does not survive and hence requires to be disposed of accordingly – Appeal dismissed. (Paras 4 and 5)
( 1 ) THIS appeal, which is filed under Clause 15 of the Letters Patent, is directed against order dated 12/12/1988 passed in Special Civil Application No. 4886/87 by which the appellants are directed to reinstate the original petitioner as apprentice during the pendency of above-numbered petition.
( 2 ) THE respondent no. 1 was appointed as an apprentice. According to the appellants, he was not eligible for being appointed as an apprentice and, therefore, his appointment was cancelled. That order was challenged by him in Special Civil Application No. 4886/87. The petition was placed for admission hearing before the learned Single Judge on 12/12/1988 and following order was passed :-"rule. By way of interim relief, respondents are directed to reinstate the petitioner as apprentice. The petitioner shall report for duty within 15 days from today. "
( 3 ) THE above referred to order is subject matter of challenge in the present appeal.
( 4 ) MR. M. D. Pandya, learned Counsel for the appellants has produced true copy of the final judgment rendered by the learned Single Judge in Special Civil Application No. 4886/87 for our perusal. It indicates that the petition is dismissed by the learned Single Judge and interim relief granted is also vacated. As the main petition is disposed of, this appeal which is directed against interim order, does not survive and hence requires to be disposed of accordingly.
( 5 ) FOR the foregoing reasons, the appeal is dismissed as having become infructuous, with no order as to costs.
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