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2022 Supreme(Guj) 1778

A. Y. KOGJE
K. N. Chandran – Appellant
Versus
State Of Gujarat Thro The Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR AS ASTHAVADI
For the Respondent: MS SURBHI BHATI, MR HAMESH C NAIDU

JUDGMENT :

1. This petition under Article 226 of the Constitution of India is filed with following prayers:-

    “A. Your Lordships may kindly be pleased to issue a writ of Mandamus and/or any other appropriate writ, direction and/or order quashing and setting aside the orders communications of respondent dated 4/10/2010 and 25/11/2011.

B. Your Lordships may kindly be pleased to issue a writ of Mandamus and/or any other appropriate writ, direction and/or order quashing and setting aside the impugned Resolution dated 12.09.1983 by holding and declaring that the same as nonest and is illegal, unjust, arbitrary, discriminatory, ultra-virus and in violation of Article 19(1)(e) of the Constitution of India.

C. Your Lordships may kindly be pleased to direct the present respondents to immediately grant the benefits of Medical Reimbursement to the present petitioner, as claimed by the present petitioner.”

2. Learned Advocate for the petitioner submitted that by the impugned communications dated 25.11.2011 and 04.10.2010 claim of the present petitioner with regard to medical reimbursement has been refused on the ground that the present petitioner is staying and withdrawing his pension outside the S

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