Gujarat High Court
State Of Gujarat vs Vaghi Odhavji Garana on 9 February, 2000
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND APPEAL No 124 of 1999
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STATE OF GUJARAT
Versus
VAGHI ODHAVJI GARANA
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Appearance:
GOVERNMENT PLEADER for Petitioner
MR MD RANA for Respondent No. 1
MR PREMAL R JOSHI for Respondent No. 5
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CORAM : MR.JUSTICE K.M.MEHTA
Date of Order: 09/02/2000
ORAL ORDER
1. The following substantial questions of law are involved in this appeal:
(1) Whether the decision rendered by the Supreme Court in the case of State of Gujarat vs R.K.Soni reported in AIR 1984 SC 161 is applicable to the present case or not, and whether the respondents are part of Panchayat Services?
(2) Whether in the facts and circumstances of the case both the courts below have erred in holding that the suit is maintainable without giving statutory notice to the defendants under section 80 of the CPC as the action denying to give benefit of Sarala and Desai Pay Commission award to the plaintiffs is unconstitutional and without jurisdiction?
(3) Whether both the courts below have erred in reviewing the judgment and decree passed by the lower court in Regular Civil Suit No.157 of 1986 when it was dismissed earlier as there was apparent error on the face of the record of the case?
2. As these subnstantial questions of law arise in this Second Appeal the appeal is admitted.
9.2.2000 (K.M.MEHTA,J)