BHAVNAGAR UNIVERSITY NOW MAHARAJ KRISHNAKUMARSINHJI & 1 Petitioner(s) Versus RAMSINH H RAJPUT & 11 Respondent(s) ========================================================= Appearance :
MRS VD NANAVATI for Petitioner(s) : 1 2. RULE NOT RECD BACK for Respondent(s) : 1 12. MS VIDHIJBHATT for Respondent(s) : 1, MR DG SHUKLA for Respondent(s) : 4 6,9 11. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 01/10/2012 ORAL ORDER
1. On 28.8.2012, this Court with consent of learned advocate for both the parties has passed following order: [1] Rule expedited.
[2] The order dated 03.05.2012 in Application No. 2 of 2009 passed by the Gujarat University Services Tribunal is stayed on the following HC-NIC Page 1 of 3 Created On Sat Apr 02 03:01:49 IST 2016 SCA/10018/2012 2/3 ORDER condition: (1) The petitioner shall deposit a sum of Rs. 16,45,528/being the arrears of salary during break in service period for the period from 28.07.2009 to 26.08.2012 with the Registry of this Court within four weeks from today.
(2) On deposit, the said amount is allowed to be withdrawn by original respondent no.1 namely Ramsigh Rajput. The office is directed to issue account pay cheque in his name.
[3] It will be open for either side to move for early hearing by way of appropriate Application. The amount paid is subject to the result of the petition. [4]The order is passed without prejudice to the rights and contentions of both the parties.
2. Instead of depositing the said amount with the Registry of this Court, the petitioners have challenged the order of this Court before the Division bench. However, the Division Bench vide order dated 18.9.2012 has also direct the petitioners to deposit HC-NIC Page 2 of 3 Created On Sat Apr 02 03:01:49 IST 2016 SCA/10018/2012 3/3 ORDER the entire amount as directed by this Court within the time limit fixed by this Court before the Registry of this Court. Even then the petitioners have not been deposited the said amount before the Registry of this Court yet.
3. In that view of the matter, the petitioners are directed to deposit a sum of Rs. 16,45,528/ with the Registry of this Court on or before 8th October, 2012, failing which the Registrar, Bhavnagar University, shall remain present in person before this th Court. S.O. to 9 October, 2012.
(K.S.JHAVERI,J.) pawan HC-NIC Page 3 of 3 Created On Sat Apr 02 03:01:49 IST 2016