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2020 Supreme(Guj) 543

BIREN VAISHNAV
Chimanbhai Ramjibhai Dalvadi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Krishnan M. Ghavariya.
For the Respondents: Mr. Sahil Trivedi, AGP.

ORDER :

1. RULE. Mr. Sahil Trivedi learned AGP waives service of notice of Rule for the respondents.

2. With the consent of the parties, the matter is taken up for final hearing.

3. The case of the petitioner is that he joined the services with the respondents on 01.11.1979 and superannuated from service on 21.05.2020. It is the case of the petitioner that he is entitled to the period prior to the date of this benefit under the resolution dated 17.10.1988 for the purposes of pension. In short, it is his case that his higher service shall be treated as continuous for the purposes of pension.

4. Reliance is placed on a decision of this Court in Special Civil Application No.9702 of 2018 dated 19.12.2018 (Coram: N.V. Anjaria, J). The order passed by this Court reads as under:

    “With negligible variance in the set of facts, the issue involved in the captioned three petitions being identical, they constitute a group, which were heard together and are being treated for disposal by this common order.

1.1 In the facts and circumstances of the case and with the consent and request of learned advocates appearing for the parties, Rule returnable forthwith in each of the petitions. Learned Assistant G

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