Vinod N Joshi vs State Of Gujarat - 2022 Supreme(Guj) 935

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 935

A. Y. KOGJE
Vinod N Joshi – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR VAIBHAV A VYAS
For the Respondent: MR. DHAWAN JAYSWAL, MR JINESH H KAPADIA

JUDGMENT :

1. These two petitions are filed on identical issues and are raising similar questions of facts and law and hence at the request of both the parties the petitions are taken up for joint hearing and disposal. The basic facts are recorded from the lead matter being Special Civil Application No. 4473 of 2011.

2. This petition is filed under Article 226 of the Constitution of India to declare the petitioner is entitled to pension and other retiral benefits and to finalize the pension case of the petitioner along with other retirement benefits which include gratuity, leave encashment etc. The petitioner also claims interest on the delay in making the payment of retirement dues.

3. Learned advocate for the petitioner submit that the petitioner had retired in the year 2008 after attaining the age of superannuation and at the time of retirement he had rendered 27 years of service with respondent No.7, which was being managed by the respondent No.6

3.1. It is submitted that after the retirement, the petitioner was not receiving any pension and therefore made a representation to the authorities to make payment of the pension and other retirement benefits. However, such request was not