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2022 Supreme(Guj) 165

A.S.SUPEHIA
Deputy Executive Engineer-Gujarat Water Supply & Sewerage – Appellant
Versus
Mahmadbhai Ismailbhai Malek – Respondent


Advocate Appeared:
For the Appellant : R.C. Jani & Associate.
For the Respondents:HCLS Committee and P.V. Patadiya, Advocates.

JUDGMENT :

A.S. Supehia, J.

1. The present writ petition has been filed inter alia for the following relief:

    "7.(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in nature of mandamus or an appropriate writ, order or direction quashing and setting aside the ex-parte impugned order passed in Reference (LCB) No. 405 of 1998 dated 02.04.2004 and the order passed in Miscellaneous Application No. 28 of 2004 for restoration dated 29.10.2012 (Annexure - 'A'), in the interest of justice."

2. While issuing rule vide order dated 26.12.2012, this Court has passed the following order:

    "Rule.

Interim relief qua continuity of service and full back wages is granted on condition that the respondent workman shall be reinstated in service within a period of thirty days from today.

It is clarified that if the workman is not reinstated within the prescribed period, it shall be open to the respondent workman to move the competent court for appropriate orders for monthly wages under Section 33(C)(2) as if he was in continued service."

3. During pendency of the present writ petition, the respondent-workman has already reached the age of superannuation in April, 2021. Pursuant to the inter

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