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N. V. ANJARIA, NIRAL R. MEHTA
STATE OF GUJARAT – Appellant
Versus
KRISHNARAO RAMCHANDRA TALAPLLY – Respondent
ORDER :
1. Heard learned Assistant Government Pleaders Mr. Manan Mehta for the appellant in the first two captioned Letters Patent Appeals, whereas learned Assistant Government Pleader Mr. Krutik Parikh for the appellant in the third captioned Letters Patent Appeal and learned advocate Mr. Harsh Raval for the respondents in the first two captioned Letters Patent Appeals, as well as learned advocate Mr. Harshadray Dave in the third captioned Letters Patent Appeal.
2.1 All the appeals arise from common judgment dated 25.2.2022 of learned single Judge passed in three respective Special Civil Applications. The appellant State and the Commissioner of Higher Education have called in question the said common judgment and order of learned single Judge in these three Letters Patent Appeal preferred under clause 5 of the Letters Patent.
2.2 Since the facts and the issues are common, the appeals were heard together to be treated for final disposal by this order.
2.3 Allowing the Special Civil Applications, learned single Judge issued the following directions:
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
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