Rupabhai Hirabhai Vankar vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1104

BIREN VAISHNAV
Rupabhai Hirabhai Vankar – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Petitioner: Mr. Dipak R. Dave.
For the Respondents: Mr. U.M. Shastri, Mr. Soaham Joshi.

JUDGMENT :

1. Rule returnable forthwith. Mr.Soaham Joshi, learned Assistant Government Pleader, waives service of notice of rule on behalf of respondent Nos. 1 and 4 and Mr.Shastri, learned counsel, waives service of notice of rule on behalf of respondents Nos. 2 and 3.

2. Mr.Dipak Dave, learned counsel for the petitioner, would rely on an oral judgement dated 09.09.2022 passed by this Court in Special Civil Application No. 8562 of 2022, which read as under :

“1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents.

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

3. The short issue in this petition is that the deceased father of the petitioner, who has otherwise earned the benefits of the Resolution dated 17.10.1988 is not being paid pension ignoring the past services rendered by him from the initial date of appointment. Looking to the service book of the deceased employee, the father of the petitioner has been shown to have been placed in fix pay in the year 1995 and was placed in the pay-scale with effect from 31.03.