IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1564 of 2011 In SPECIAL CIVIL APPLICATION No. 18219 of 2003 For Approval and Signature:
HONOURABLE MR.JUSTICE D.H.WAGHELA HONOURABLE MR.JUSTICE G.B.SHAH ========================================= ========================================= PALAS PRABHATSINH MOHANSINH & 12 - Appellant(s) Versus DISTRICT PRIMARY EDUCATION OFFICER & 2 - Respondent(s) ========================================= Appearance :
MR RD DAVE for Appellant(s) : 1,MS MAMTA R VYAS for Appellant(s) : 2 - 13. MR RA MISHRA for Respondent(s) : 1, Mr N J Shah, AGP for Respondent(s) : 2 - 3.
========================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA and HONOURABLE MR.JUSTICE G.B.SHAH Date : 27/09/2012 CAV JUDGMENT (Per : HONOURABLE MR.JUSTICE G.B.SHAH)
1. Learned counsel Mr R.D. Dave for appellant No.1, learned counsel Ms. Mamta Vyas for appellants No. 2 to 13 and learned counsel Mr R.A.Mishra for respondent No.1 and learned AGP Mr N.J. Shah for respondent No.3 have jointly submitted that the issues under dispute in this Letters Patent Appeal are concluded by the judgment of the Division Bench of this Court dated 6.5.2011 passed in LPA No. 2051 of 2010 in Special Civil Application No. 11753 of 2003 and allied matters. Thus, it is not in dispute that the controversy raised in this appeal is squarely covered by the said decision of the Division Bench dated 6.5.2011 passed in LPA No. 2051 of 2010 in Special Civil Application No. 11753 of 2003 and allied matters in which one of us (G.B. Shah, J.) is a party of that Bench.
2. We have carefully perused the above referred judgment and order dated 6.5.2011 passed in LPA No.2051 of 2010 and we do not find it necessary to take a different view than the one taken by the earlier Division Bench on the identical and similar issues between another group of Primary School Teachers. We have also carefully perused the order dated 16.3.2012 passed in Misc. Civil Application No. 607 of 2012 for review of the earlier order dated 6.5.2011 passed in LPA 2051 of 2001 which was dismissed. Hence we respectfully follow the said judgment dated 6.5.2011 passed by the Division Bench in LPA No.2051 of 2011 in Special Civil Application No. 11753 of 2003 and allied matters as it is squarely applicable to the case of the present appellants also. We may clarify that with a view not to burden the record of this Appeal, we are not discussing the facts or merits of this appeal as identical issues have been dealt with elaborately and decided by the Division Bench as aforesaid. This appeal thus fails and is accordingly dismissed.
[D.H.WAGAHELA, J.] [G. B. SHAH, J.] msp