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2021 Supreme(Guj) 286

ASHUTOSH J.SHASTRI
KIRANBHAI AMRITLAL DESAI – Appellant
Versus
INDIAN INSTITUTE OF MANAGEMENT – Respondent


Advocates Appeared:
For the Petitioner:MR SHALIN MEHTA, SENIOR ADVOCATE with MR SHRINEEL M SHAH
For the Respondent: MR NANDISH Y CHUDGAR,

JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has asked for the following reliefs:

(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent Institute to treat the Petitioner as permanent Full Time Resident Medical Officer in the Respondent Institute w.e.f. the date of his joining the services;

(B) Your Lordships may be further pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent Institute to grant the benefits of Pay Commission Pay scales and other monetary benefits extended to the other Officers, Staff members and employees of Respondent Institute w.e.f. his date of joining along with arrears with 12% simple interest per annum;

(C) Your Lordships may be further pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the

Respondent Institute to grant the benefits of terminal benefits viz. Gratuity, Leave Encashment, Pensionary benefits etc. to the pet

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