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2020 Supreme(Guj) 606

ASHUTOSH J.SHASTRI
B. D. Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vaibhav A. Vyas.
For the Respondent: Ms. Vrunda Shah, AGP.

JUDGMENT :

1. The present petition under Article 226 of the Constitution of India is filed by the petitioner for raising grievance about the decision dated 22.11.2006 passed by the respondent – authority and consequentially sought direction upon the respondent – authority to grant all increments to the petitioner for the period of suspension commencing from 12.08.1983 to 18.01.1995, except the one which is withheld by way of penalty. Since large relief is sought, the Court deems it proper to quote the relief clause contained in para 20 hereinafter:-

    “20.(A) Quashing and setting aside the Resolution dated 22.11.2006 (Annexure-“G”) and directing the respondents to grant all the increments to the petitioner for the period of suspension from 12.08.1983 to 18.01.1995 except the one which is withheld by way of penalty.

(B) Quashing and setting aside the Memo dated 07.10.2004 (Annexure-“K”) and to direct the respondents to assign seniority to the petitioner in the cadre of clerk from 25.03.1980 instead of 19.01.1995.

(C) During the pendency and final disposal of the petition, respondent no. 3 may be directed to fix and pay the petitioner salary on the basis that the petitioner is granted all

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