JUDGMENT :

A.J. DESAI, J.

1. This appeal is admitted. Mr.Samir Gohil, learned advocate for the respondent waives service of notice of admission. With the consent of the learned advocates appearing for the parties, the matter is taken up for final hearing today.

2. Mr.Gohil has brought to our notice a judgment dated 7.5.2019 passed by coordinate Bench in Letters Patent Appeal No.1076 of 2019 and allied matters and would submit that the case is squarely covered by said decision. Facts of the present case are similar to the facts of that case. We have also gone through judgment dated 7.5.2019 passed in Letters Patent Appeal No.1076 of 2019 and find that the issue involved in this matter is covered by aforesaid decision.

3. This appeal arises out of oral judgment dated 25.02.2019 passed by the learned Single Judge in the Special Civil Application No.6053 of 2017, by which the learned Single Judge allowed the petition of the respondent herein and issued the following directions:

“6. As a result, the petitioner is ordered to be treated as voluntary retired in place of dismissal. The petitioner will be treated to have retired from service accordingly and will be entitled to pension and other p