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2022 Supreme(Guj) 1782

A. Y. KOGJE
Sudhaben Williambhai Baraiya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Apurva A. Dave.
For the Respondents: Ms. Surbhi Bhati, AGP, Mr. H.S. Munshaw.

JUDGMENT :

1. This two petitions are arising out of the identical facts and are raising the same issues and hence, at the request of both the sides, the same are taken up for joint hearing and final disposal. With consent, the facts are recorded from Special Civil Application No.11129 of 2017, where the respondent on behalf the Corporation has already filed the reply. At request, learned Advocate appearing for the Corporation and with consent of the learned Advocate for the petitioner on principle, the reply filed in this petition be treated as reply to both the petitions.

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

    “(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus holding that the Petitioners are eligible and entitled to be extended the benefit of pension scheme as per the Circular dated 02.02.1984 at Annexure B, in the interest of justice.

(B) YOUR LORDSHIPS be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the Respondents to extend pension and other benefits to the petitio

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