Vechatbhai Manabhai Bariya vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1171

BIREN VAISHNAV
Vechatbhai Manabhai Bariya – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr Dipak R Dave
For the Respondent: Mr U M Shastri, Ms. Nirali Sarda, AGP

JUDGMENT :

1. Rule returnable forthwith. Ms.Nirali Sarda, learned Assistant Government Pleader, waives service of notice of rule on behalf of respondents Nos. 1 and 4, Mr.Shastri, learned advocate, waives service of notice of rule on behalf of respondents Nos. 2 and 3. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

2. Mr.Dipak Dave, learned counsel for the petitioner, places reliance on an oral judgement passed by this Court in Special Civil Application No.8562 of 2022 dated 09.09.2022, 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 petition