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2022 Supreme(Guj) 377

BIREN VAISHNAV
Ishwarbhai Manjibhai Patel – Appellant
Versus
Director, Agriculture and Rural Finance – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jay B. Trivedi.
For the Respondent: Mr. Chirag B. Patel, Mr. Kurven Desai, AGP.

JUDGMENT :

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondent Nos.1 and 2 as well as Mr. C.B. Patel, learned counsel waives service of notice of Rule for respondent No.3 – Agriculture Produce Market Committee, Botad.

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

3. Heard Mr. Jay B. Trivedi, learned counsel for the petitioner, Mr. C.B. Patel, learned advocate for respondent No.3 and Mr. Kurven Desai, learned Assistant Government Pleader for respondent Nos.1 and 2. Perused the record.

4. By way of this petition, under Article 226 of the Constitution of India, the petitioner had initially challenged the action of APMC – respondent No.3 in not paying the outstanding retirement benefits to the petitioner such as Provident Fund, Gratuity, Leave Encashment, Salary and Dearness Allowance. According to the petitioner, these amounts were not being paid though the petitioner had been relieved from his services with effect from 15.2.2020.

5. This Court, on 16.6.2020, after hearing the learned counsel for the petitioner, issued notice, mak

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