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2021 Supreme(Guj) 488

BHARGAV D.KARIA
LAXMIBEN MAHESHBHAI MAKWANA – Appellant
Versus
GUJARAT AYURVED UNIVERSITY – Respondent


Advocates Appeared:
For the Appellant : MS HARSHAL N PANDYA
For the Respondent: MR K.M.ANTANI, AGP, MR SIDDHARTH DAVE FOR MR DEVANG VYAS, MR MB RANA

JUDGMENT :

Heard learned advocate Ms.Harshal Pandya for the petitioner, learned advocate Mr.M.B.Rana for the respondent No.1, learned advocate Mr.Siddharth Dave or the respondent No.2 and learned Assistant Government Pleader Mr.K.M.Antani for the respondent No.3 thorough video conference.

1. Learned advocate Ms.Pandya has tendered a draft amendment. The same is allowed in terms of the draft. To be carried out forthwith.

2. Rule, returnable forthwith. As the controversy raised in this petition is in very narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

3. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

    “(A) hold and declare that petitioner is eligible and entitled to get the benefit of enhanced age of superannuation from 58 years to 60 years as per Office Memorandum dated 30.5.1998 and the Board’s decision taken in the meeting of 16.10.2015 as reflected in Circular dated 18/19.3.2016,

(B) and further be pleased to direct the respondent authorities not to retire the petitioner from service on her attaining the age of 58 years and contin

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