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2022 Supreme(Guj) 1390

NIRZAR S. DESAI
Kaushikkumar Chandrashankar Upadhyay (Deceased) – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vandan Baxi for Nanavati & Nanavati.
For the Respondent: Mr. Kurven Desai, AGP, Mr. Deepak P. Sanchela.

JUDGMENT :

1. By way of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for direction to direct the respondents to release all the retiral dues of the petitioner with all consequential and incidental benefits.

2. Heard Mr. Vandan Baxi, learned advocate for Nanavati & Nanavati for the petitioners, Mr. Kurven Desai, learned Assistant Government Pleader for respondent Nos.1 to 4 and Mr. Deepak Sanchela, learned advocate for respondent No.5 – Dakor Municipality.

3. Brief facts giving rise to the present petition are stated as under:

3.1 It is the case of the petitioner that the petitioner was initially appointed on ad-hoc basis on the post of Octroi Inspector vide resolution No.427 passed by the Dakor Municipal Borough in the year 1988, as the petitioner was meeting with the requisite qualifications for the post of Octroi Inspector. Though initially, the appointment of the petitioner was for a period of 29 days, the same was extended from time to time subsequently. In February, 1989, the petitioner was orally terminated by the respondent No.5, and therefore, being aggrieved by the same the petitioner raised dispute which was referred to the Lab

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