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2022 Supreme(Guj) 452

ASHUTOSH J.SHASTRI
R. M. Shah – Appellant
Versus
United India Insurance Co. Ltd. THRO' Chairman Cum M. D. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vyom H Shah
For the Respondent: Mr Maulik J Shelat

JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of an order dated 02.06.2008 passed by respondent authority and sought a consequential reliefs for granting appropriate pay scale, grade and other ancillary benefits. The payers clause contained in the petition are reproduced hereunder:

    “7.(A). Allow this Petition.

(B). Quash and set aside the order dated 2/06/2008 as being illegal, arbitrary, violative of principles of natural justice, unconstitutional and violative of Article 14 of the Constitution of India.

(C). Declare that the petitioner is entitled to be placed in the scale of pay and grade on the date of superannuation of 29/02/2004, as if the impugned order of penalty has not been passed.

(D). Direct the Respondents to compute and pay pensionary benefits to the petitioner on the basis of last pay drawn as if the impugned order of penalty dated 2/06/2008 has not been passed.

(E). Pending admission and final hearing of the petition, suspend the implementation, execution and enforcement of the order dated 2/06/2008.

(F). Pass such other or further orders as may be deemed necessary and proper in

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