JUDGMENT :

Special Civil Application No. 8114 of 2021

1. Heard learned advocate Ms. Harshal Pandya for the petitioner, Ms. Surbhi Bhati, learned AGP for respondents no. 1 and 2 and Ms. Princy Shah, learned advocate for Mr. Hemang Shah, learned advocate for respondent no. 3.

2. Rule returnable forthwith. Ms. Surbhi Bhati, learned AGP for respondents no. 1 and 2 and Ms. Princy Shah, learned advocate for respondent no. 3 waive service of notice of rule. With the consent of the learned advocates for the parties, the matter is taken up for final hearing today.

3. In this petition, under Article 226 of the Constitution of India, the petitioner who voluntarily retired as Principal Private Secretary on the establishment of the High Court of Gujarat on 22.12.2016 has come to this court praying for a writ of mandamus or any other writ to the respondent authorities and to direct the respondent authorities to fix her pension and other retirement dues on the basis of pay drawn by her in the pay-scale of Rs.67700-208700 at the time of her retirement i.e. 31.12.2016.

4. Facts in brief leading to the filing of the present petition are as under:

4.1 The petitioner joined the establishment of the High Cou