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2016 Supreme(Guj) 283

V.M.PANCHOLI
Abdulkadir Sultanmiya Ladman – Appellant
Versus
Govertmnet of Gujarat – Respondent


Advocates:
Advocate Appeared:
For Appellant :Reema Kamani, Ld. Advocate for P.H. Pathak, Advocate
For Respondents: Rutvij Oza, A.G.P.

JUDGMENT :

V.M. Pancholi, J.

1. This petition is filed under Articles 226 and 227 of the Constitution of India, wherein, the petitioner has prayed for the following reliefs:

"A) Be pleased to issue a writ of certiorari, writ of Mandamus or any other appropriate writ, Order of Direction to quash and set aside the actions of respondents in not paying the Pension as per the last drawn Pay-Scale Rs. 425-700 and consequent recovery of Rs. 34,844 as well recovery of penal interest for Home Building Loan for Rs. 9,114 from the Gratuity.

B) Be pleased to direct the respondents to pay Pension and Gratuity to the petitioner on the bases of Pay-scale of Rs. 425-700 subject to further payment of difference amount if become payable as per final result of Application No. 252/99 with arrears and interest at the rate of 14% per annum."

2. Heard learned advocate Ms. Reema Kamani for Mr. P.H. Pathak, learned advocate for the petitioner and learned AGP Mr. Rutvij Oza for the respondents.

3. Learned advocate for the petitioner mainly submitted that the petitioner joined the services of the respondents as Lab Assistant on 06.03.1964. Thereafter, he was transferred in 1976. Petitioner was given grade and pay

























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