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2022 Supreme(Guj) 540

BIREN VAISHNAV
Nanabhai Bhurabhai Meda – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Paresh J. Brahmbhatt.
For the Respondents: Mr. Krutik Parikh, AGP, Mr. U.M. Shastri.

JUDGMENT :

1. RULE returnable forthwith. Mr. Krutik Parikh learned AGP waives service of notice of Rule on behalf of the respondents – State and Mr. U.M. Shastri learned advocate waives service of notice of Rule on behalf of the respondent No.2.

2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

3. It is agreed between the parties that the issues raised in these petitions are covered by a decision of this Court dated 08.04.2022 rendered in Special Civil Application No.15794 of 2022 and allied matters.

4. The case of the petitioners is that a direction be issued to the respondents to fix pension of the petitioners after taking into consideration entire length of service right from date of joining till the date of retirement and pay arrears of pension. In Special Civil Application No.15794 of 2022 and allied matters, this Court held as under :

    “4. It is the case of the learned counsel for the petitioners that in view of the decision dated 1.4.2022 rendered by this Court in SCA No.11624 of 2020, the petitioners are entitled to the pensionary benefits. The order reads as under:

“1. Heard learned advocates for the parties.

2. The pr

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