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2021 Supreme(Bom) 1378

R.D.DHANUKA, ABHAY AHUJA
dinesh Pandurang Kudav – Appellant
Versus
University Of Mumbai – Respondent


Advocates appeared:
Mihir Desai, Advocate, Sarnath Sariputta, Advocate, Swaraj Jadhav, Advocate, Rui A.Rodrigues, Advocate, Jyoti Chavan, Advocate

JUDGMENT

R.D. Dhanuka, J. - Rule. Learned counsel for the respondent no.1 waives service. Ms.Jyoti Chavan, learned Assistant Government Pleader waives service for the respondent nos. 2 and 3. By consent of parties, the petition is heard finally.

2. By this writ petition filed under Article 226 of the Constitution of India, the petitioner is seeking an order and direction against the respondent no.1 to forward the pension papers of the petitioner to the respondent no.2 and seeks further direction against the respondent nos. 2 and 3 to pay the petitioner his retirement dues including pension and gratuity by treating qualifying service as continuous from his initial date of appointment i.e. from 1981 with interest at the rate of 9% per annum from the date of the pension and gratuity became due till payment or realization of the same. Some of the relevant facts for the purpose of deciding this petition are as under :-

3. It is the case of the petitioner that the petitioner is qualified as M.Sc. (Organic Chemistry) (1981) and has completed his Ph.D (Organic Chemistry) (1988). The petitioner was initially appointed as junior Analyst, a non-teaching post, on permanent basis in the Chemistry

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