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2019 Supreme(Guj) 888

A.J.SHASTRI
Ushaben Inamdar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anand L Sharma
For the Respondent: Ms. Vrunda Shah, AGP, Mr. Ketan A. Dave

JUDGMENT :

1. The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs :­

    “12(A) directing the respondent no. 2 to pay the amount of pension and gratuity w.e.f. 1.9.1998 with 10% interest.

(B) Directing the Respondent no. 2 to grant higher grade scale to the petitioner as per law and to pay the arrears with interest at 10% from the due date.

(C) During the pendency and final disposal of this petition, the Respondent no.2 may be directed to pay the amount of gratuity immediately .

(D) To pass such other and further orders as may be deemed fit.”

2. The case of the petitioner is that the she was appointed as Assistant Teacher by order dated 21.10.1976 passed by the President Nagar Panchayat, Gadhada. While appointing the petitioner, her name was called from the employment exchange and then interviewed by the competent selection committee by the Nagar Panchayat and her appointment was effected. Throughout the service, the petitioner has discharged her service with due diligence, but later on has sought voluntary retirement vide her letter dated 20. 05.1998 with effect from 01.09.1998. This request for voluntary retirement w

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