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2023 Supreme(Guj) 794

SUNITA AGARWAL, N. V. ANJARIA
New India Assurance Co. Ltd. – Appellant
Versus
Chandrakant Gokalbhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VIBHUTI NANAVATI
For the Respondent: MR RV DESHMUKH

JUDGMENT :

SUNITA AGARWAL, J.

1. Heard Mr. Vibhuti Nanavati, learned counsel for the appellants and Mr. R.V. Deshmukh, learned counsel for the respondent.

2. Out of these two connected appeals, Letters Patent Appeal No. 1114 of 2022 has been filed by the Insurance Company against the judgment and order dated 19.7.2022, whereby the learned Single Judge has set aside the order of dismissal dated 16.5.2017 of the petitioner from service as also the order passed in appeal dated 11.3.2019, confirming the same and held that the writ petitioner shall be entitled to all consequential benefits viz. terminal benefits as if the order of dismissal order has never been passed. The cross appeal filed by the writ petitioner is confined to the challenge to the order of the rejection of his claim for grant of interest on the pension and other benefits due, resulting from quashing of the order of dismissal and its confirmation in appeal.

3. The brief facts relevant to decide the controversy at hand, are that the writ petitioner, while working as Senior Divisional Manager in the company namely, New India Assurance Company Limited at Gandhidham (hereinafter referred to as ‘the appellant company’), was ser

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