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1988 Supreme(Guj) 62

J.P.DESAI
ANIRUDDHA A. DAVE – Appellant
Versus
STATE – Respondent


Advocates Appeared: GIRISH D.BHATT, KAMAL B.TRIVEDI

J. P. DESAI, J.

( 1 ) THIS petition is filed by Mr. A. A. Dave a Retired Judge of this Court seeking certain reliefs enumerated at paras 8 (A) and 8 (B)

( 2 ) THE facts giving rise to this petition may be briefly stated as follows: the petitioner was a sitting Judge of this Court in the year 1974 He was appointed as Tribunal under the provisions of the Secondary Education Act 1912 vide Resolution dated 30-4-1974. On attaining the age of 62 the petitioner retired on 1-9-1974 But thereafter also he continued to be the Secondary Education Tribunal until 31-8-1977. The petitioner was then appointed as Tribunal under the Gujarat Affiliated Colleges Services Tribunal Act 1982 vide Government Order dated 1-5-1982 and he worked as Tribunal under the said Act from 29 to 28-5-1984. Copy of the order dated 30-4-1974 appointing the petitioner as Tribunal is produced by the petitioner with a list of documents. The relevant portion of the said order is as follows: (I) He shall draw his present salary of Rs. 3 500 per month till 1/09/1974 which happens to be the date of his superannution or attainment of the age of 62 years. (II) After reaching superannuation age of 62 gears with effect from 1/09/1











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