1. The petitioners have challenged the common judgment dated 14.9.1993 in Applications No.30 of 1993 and 32 of 1993 of Gujarat Affiliated Colleges Services Tribunal, Ahmedabad. By the impugned orders, the Tribunal has held the applicants to be probationers and declared that they are entitled to salary as per the Government Resolution. While admitting the petition on 22.3.1994, operation of the judgment and order of the Tribunal was stayed on condition that the petitioner shall go on paying salary to respondents No.1 and 2 every month and shall also deposit the arrears till date. As per that order, the respondents were paid the arrears of salary on an undertaking that in case the petition is allowed, the payment made was to be refunded. Learned counsel appearing on behalf of the respective parties submitted that thereafter service of the respondents were terminated and that termination is challenged by the respondents in Applications No.60 of 1994 and 61 of 1994 respectively.
2. In view of the aforesaid facts, learned counsel for the petitioners stated that the amount of salary for the period respondents No.1 and 2 had worked will not be recovered from them. Learned counsel Mr.Supehia, appearing for respondents No.1 and 2, stated that as agreed by learned counsel Mr.Nanavaty, Applications No.60 of 1994 and 61 of 1994 may be decided by the Tribunal without being influenced by the impugned judgment. Accordingly, the present petition is disposed by consent upon the agreement that the arrears of salary paid to respondents No.1 and 2 will not be recovered and the Tribunal will decide Applications No.60 of 1994 and 61 of 1994 on their own merits without being influenced by the impugned judgment. Rule is discharged with no order as to costs.
Sd/-
( D.H.Waghela, J.) (KMG Thilake) Top