STATE OF GUJARAT Vs. JALSHANKER JIVABHAI

JUDGEMENT

(1.) PRESENT Second Appeal has been preferred by the State of Gujarat - appellant herein / original defendant No. 3 challenging the judgement and decree dtd. 25/10/1985 passed by the learned Assistant Judge, Porbandar in Regular Civil Appeal No. 24 of 1982 in dismissing the same and confirming the judgement and order passed by the learned Civil Judge (Senior Division), Porbandar in Regular Civil Suit No. 251 of 1978 dtd. 22/3/1982 in declaring that all the persons who have to handle cash irrespective of the fact that it may be within the duties to deal with the cash, are entitled to draw special pay as per the Government Resolution of the State at the rate of Rs. 20 per month.

(2.) AT the outset, it is required to be noted that against the judgement and decree passed by the learned Civil Judge (SD) in Regular Civil Suit No. 251 of 1978, the appellants - State of Gujarat, District Panchayat, Junagadh and District Education Committee, Junagadh had preferred two appeals being Regular Civil Appeal Nos. 20 and 24 of 1986, which came to be dismissed by common judgement and order, against which the appellant - State of Gujarat only has preferred present Second Appeal and District Panchayat, Junagadh and District Education Committee, Junagadh who have preferred Regular Civil Appeal No. 20 of 1986 had not preferred any second appeal and/or nothing is brought to the notice of this Court that the District Panchayat, Junagadh and District Education Committee, Junagadh had preferred any appeal.

(3.) IT is also required to be noted that as such in the impugned judgement and decree passed by the learned trial court, the directions was only against the District Panchayat, Junagadh and District Education Committee, Junagadh i. e. defendant nos. 1 and 2 and there was no direction against the appellant - State of Gujarat.