ORAL ORDER
(PER: HONOURABLE MR. JUSTICE PARESH UPADHYAY)
1. By this Miscellaneous Civil Application, certain directions are sought, in the nature of restraining the opponents from operating the Bank Accounts of the Bhartiya Seva Samaj Trust, until the arrears of Pay and Allowance is paid to the present applicant. The opponents are indicated to be the Trustees of the said Trust. These directions are sought, in furtherance of the judgment and order of this Court dated 26.07.2012 recorded on Letters Patent Appeal No. 1367 of 2008, by which the said Appeal was dismissed, for the reasons recorded in the said judgment.
2. The said Letters Patent Appeal No. 1367 of 2008 was filed by the Bhartiya Seva Samaj Trust, challenging the judgment and order of the learned Single Judge of this Court recorded on Special Civil Application No. 6346 of 2006 dated 13.11.2008, by which the learned Single Judge had confirmed the order passed by the Gujarat Primary Education Tribunal dated 21.01.2006 in Application No. 69 of 1988, which was in favour of the present applicant.
3. Being aggrieved by the above judgment and order of this Court in Letters Patent Appeal No. 1367 of 2008 dated 26.07.2012, the appellant of the said Appeal, i.e the Bhartiya Seva Samaj Trust, had moved Honourable the Supreme Court of India by preferring SLP (Civil) No. 5368 of 2012, wherein leave was granted by the Honourable Apex Court, and it stood converted in Civil Appeal No. 3980 of 2012. By the judgment and order dated 14.09.2012, Honourable the Supreme Court of India has dismissed the said Appeal. A copy of the said judgment is on record of this Application. The said decision is also reported in (2012) 9 SCC 310. Now, further directions are sought from this Court, by the respondent of Letters Patent Appeal No. 1367 of 2008.
4. Entertaining this application, under the circumstances recorded above, would be against judicial propriety and discipline, and therefore this application needs to be rejected. Reference in this regard can also be made to the observations of Honourable the Supreme Court of India in the case of Kunhayammed v. State of Kerala reported in AIR 2000 SC 2587(1), more particularly in para 43(vi) and (vii), of the said judgment.
5. For the reasons recorded above, this application is rejected.