Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 2522 (GUJ)

UNION OF INDIA v. K.M. AMBAVALE S/O SHRI MAROTIRAO AMBAVALE

SCA/8009/2023 · 2025-06-10

A S Supehia, R T Vachhani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C/SCA/8009/2023 ORDER DATED: 10/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8009 of 2023 ========================================================== UNION OF INDIA & ANR. Versus K.M. AMBAVALE S/O SHRI MAROTIRAO AMBAVALE ========================================================== Appearance: MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No. 1,2 MR D K TRIVEDI(5283) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR.JUSTICE R. T. VACHHANI Date : 10/06/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) 1. It was noticed by us that the present writ petition emanates from the interim order dated 20.10.2022 passed by the Central Administrative Tribunal, Ahmedabad in Original Application No.404 of 2022 and the same has been stayed by the Coordinate Bench of this Court vide order dated 03.05.2023. By this time, the original application would have been over and decided by the Tribunal on merits. 2. It is informed by the learned advocates appearing for the respective parties that the pleadings before the Tribunal being OA No.404 of 2022 are already over. It is urged that the present application may be disposed of by issuing appropriate directions. C/SCA/8009/2023 ORDER DATED: 10/06/2025 3. Learned advocate Mr.Trivedi has urged that the interim directions may not be set aside however, he has submitted that he will not press for implementation of the interim order during pendency of OA. 4. Learned advocates appearing for the respective parties are ad idem that the Tribunal may be directed to dispose of the OA within some preferable time period as the issue pertains to imposition of punishment of 100% cut in pension. 5. Under the circumstances, and looking to the issue involved in the OA, which pertains to 100% cut in pension of the respondent and the nature of the interim order directing for payment of provisional pension, we request the Tribunal to dispose of the OA, after hearing the respective parties on merits preferably within a period of 3 months. 6. We have not entered into the merits of the matter. All the contentions raised by the respective parties are left open. As per the submission advanced by learned advocate Mr.Trivedi, during pendency of the OA, the respondent shall not insist for implementation of the interim order dated 20.10.2022. In case, the C/SCA/8009/2023 ORDER DATED: 10/06/2025 OA is not disposed of within 3 months, it will be open for the respondent to file appropriate application seeking the reliefs granted in the interim order. If any such application is filed, the same shall be decided on merits by a reasoned order, after hearing the respective parties. Sd/- (A. S. SUPEHIA, J) Sd/- (R. T. VACHHANI, J) NVMEWADA/26 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: NEHABEN VINODBHAI MEWADA(HC01571), PRIVATE SECRETARY, at High Court of Gujarat on 10/06/2025 15:01:15