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2022 Supreme(Guj) 1387

BIREN VAISHNAV
Kishorkumar Ratilal Bavriya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Ms. Kruti M. Shah.
For the Respondent: Mr. Kurven Desai, Assistant Government Pleader/PP.

ORDER :

1. The prayer of the petitioners is to direct the respondents to treat the petitioners retirement date as on 01st July of the relevant year and direct them to pay the last increment which falls due on 01st July of the relevant year as they have retired on 30th June of the relevant year.

2. In the submission of Ms. Kruti Shah, learned counsel for the petitioners, the issue is now covered by a Division Bench decision of this Court rendered in Letters Patent Appeal No. 868 of 2021, which read as under :

    “Heard learned Assistant Government Pleader Mr. Sahil Trivedi for the appellant-applicant, learned advocate Mr. Vaibhav Vyas for the respondent No.1 and learned advocate Ms. Trusha Patel for the respondent No.2.

2. This Letters Patent Appeal under Clause 15 of the Letters Patent Act, is directed against order dated 11.8.2021 of learned Single Judge whereby the Special Civil Application filed by the petitioner-respondent No.1 herein came to be allowed. The respondents were directed to grant benefit of one increment to the petitioner and accordingly revise his pension.

2.1 The petitioner prayed in his petition to set aside communication dated 6.1.2021. By the said communication the pe

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