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Smita Porecha vs Director Of Primary Education

High Court Of Gujarat|13 January, 2020
1 In these petitions, the petitioners, who are working with St.Ann's School, had approached this Court challenging the order altering their service conditions before the Gujarat Education Services Tribunal.
2 Before the Tribunal, the petitioners had filed applications nos. 44, 45 and 46 respectively. The Tribunal, by Page 1 of 3 Downloaded on : Mon Jan 13 21:07:23 IST 2020 C/SCA/9714/2017 ORDER the impugned order dated 28.04.2017, refused to grant any interim relief. Aggrieved by these orders, the petitioners approached this Court. This Court by an order dated 05.05.2017, granted the interim protection. The order reads as under:
"Heard learned advocate Ms. Mamta R. Vyas for the petitioners, learned senior counsel Mr. K. M. Patel with learned advocate Mr. M. K. Vakharia for respondent No.2 and learned advocate Mr. Saurabh M. Patel for respondent Nos. 5 and 9 as caveator.
Notice returnable on 02.08.2017. Learned AGP waives service of notice on behalf of respondent - State. Learned advocate Mr. M. K. Vakharia waives service of notice on behalf of respondent No2. Learned advocate Mr. Saurabh Patel wavies service of notice on behalf of respondent Nos. 5 and 9.
The facts emerging from record is quite clear that the trust which was running the school in question till date needs to be got out of the administration and, therefore, they have agreed to hand over the administration to new trust i.e. DAV Management Committee of New Delhi. Since Tribunal has not protected the service condition of the petitioner at this stage, it would be appropriate to protect the service conditions of the petitioner. However, such order may be modified after hearing of all the parties on returnable date. Therefore, service conditions of the petitioners including residential accommodation, if any, alloted to the petitioners should not be altered till returnable date.
Direct Service TODAY is permitted."
3 Approximately, two and a half years have gone by and the impugned applications are pending before the Tribunal for hearing. The Tribunal, therefore, is requested to see that the applications Nos. 44, 45 and 46 are heard, preferably within a period of four months from the date of receipt of copy of this Page 2 of 3 Downloaded on : Mon Jan 13 21:07:23 IST 2020 C/SCA/9714/2017 ORDER order.
Pending the decision in the applications, the interim relief granted by the order dated 05.05.2017 shall continue to operate. The petitions are disposed of, accordingly.
(BIREN VAISHNAV, J) Bimal Page 3 of 3 Downloaded on : Mon Jan 13 21:07:23 IST 2020
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  • Biren Vaishnav