(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Mr.A.S.Asthavadi, learned counsel appearing for the appellant and Mr.Urshit Oza, learned Assistant Government Pleader appearing for the respondents.
2. This Letters Patent Appeal has been filed challenging the order dated 30.10.2012 passed by the learned Single Judge in Special Civil Application No.14832 of 2012 by which the learned Single Judge has admitted the writ petition and expedited hearing but interim relief has been refused on the ground that by way of interim relief, final relief cannot be granted. The learned counsel appearing for the appellant has urged that since the Apex Court has stayed the order of this Court dated 3.3.2011 passed in Letters Patent Appeal no.274 of 2011. Therefore, according to the petitioner, he is entitled for pension and at least provisional pension. It is not disputed by the learned counsel for the appellant that 100% pension has been directed to be deducted by order dated 14.9.2012. Therefore, by way of interim relief, final relief cannot be granted. Further, learned Single Judge himself has expedited the hearing of the writ petition. Therefore, we do not find any reason to interfere with the order dated 30.10.2012 passed by the learned Single Judge. This Appeal is devoid of any merits and it is accordingly dismissed.
(V.M.SAHAI, J.) (S.G.SHAH, J.) VCDarji