(Per : HON'BLE MR.JUSTICE A.R.DAVE) Heard the learned advocates.
2.RULE. Service of rule is waived by learned advocate Ms. Mamta Vyas for respondent No. 1, learned AGP Shri H.D. Dave for respondent No. 2 and by learned advocate Shri Avinash Thacker for respondent No. 3.
3.Ad-interim relief granted on 25.4.2003, whereby it has been directed that the direction given to the petitioner in the impugned order shall not operate, is confirmed.
4.Learned advocate Ms. Mamta Vyas appearing for respondent No. 1 has submitted that execution proceedings, being Execution Application No. 44 of 2002, has already been filed before the Gujarat University Services Tribunal, and the said application is pending. It would be open to the applicant to proceed further with the said application so that the amount in question can be recovered from respondent No. 3-University.
5.Learned advocate Shri Avinash Thakker appearing for respondent No. 3 has submitted that the order passed by the Tribunal was challenged by the University by filing Special Civil Application No. 952/02, but the said petition had been dismissed on 7.5.2002 and, therefore, respondent No. 3 University has filed an appeal, which is pending before this court. He had to frankly concede that still the said appeal has not been notified for hearing as there was delay in filing the appeal. There is no stay granted in favour of respondent No. 3 University in the said appeal.
6.In the circumstances, the Tribunal is directed to proceed further with Execution Application No. 44/02 and pass an appropriate order in accordance with law unless the Tribunal is restrained from proceeding further by this court in the appeal, which has been filed by respondent No. 3 University.
7.As the execution application was filed in 2002, it is hoped that the Tribunal shall dispose of the said application preferably before 15.3.2005.
D.S. permitted.
(A.R. Dave, J.) (P.B. Majmudar, J.) (hn)