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2023 Supreme(Guj) 931

RAJENDRA M. SAREEN
Niranjana R. Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Mr. Y.N. Oza, Senior Advocate with Ms. Srushti A. Thula.
For the Respondent: Mr. Manohar Rahevar AGP.

JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main relief :

    “22(a). This Hon’ble Court may be pleased to issue Writ of Certiorari or any other appropriate writ, order, direction in the nature of Writ of Certiorari or any appropriate writ quashing and setting aside the impugned order dated 20/12/2007 passed by Director of Technical Education, Gujarat State, and further directing the respondent – State and respondent No.2 to accept the representation dated 07/06/2004 and 26/07/2004 (Annexure-N) and treat the petitioner as having been “voluntarily retired” and grant the petitioner all consequential benefits including pensionary benefits and other retirement benefits, further direct the respondent No.2 authority to release amount of arrears towards pension from 07/06/2004 till today and also the amount of gratuity as well as other consequential benefits subsequent to retirement.”

2. FACTS OF THE CASE OF THE PETITIONER:

2.1. The petitioner was appointed as Tracer in the office of the Executive Engineer, Drainage Division, Surat w.e.f. 02/01/1978 and again she was appointed at Technical Assistant in the same

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