Single Judge of the Appeals Court Justice Davendra Pathik has ordered that an appeal filed by the state against the Fijian Teachers Association on an earlier ruling on the retirement age in the civil service must proceed to hearing however he abandoned the appeal against the Fiji Public Service Association.

Justice Pathik states that the FPSA succeeds in its application that the appeal is deemed to be abandoned on the grounds that the State has not complied with the rules of the Court of Appeal in bringing the case forward.

Pathik notes that the FTA also jumped on the band waggon after seeing that the FPSA's counsel Hamendra Nagin raised the objection and made applications that the appeal against it also be deemed to be abandoned.

However the Judge said the FTA's application is dismissed as being without merit and stated that the appeal to decide the substantive matter proceed to hearing in the October to November session of the Court of Appeal.