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2024 Supreme(Guj) 378

HEMANT M. PRACHCHHAK
Dilipbhai Gopalbhai Bavaliya – Appellant
Versus
State Of Gujarat Thro The Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. UT Mishra.
For the Respondents: Ms. Megha Chitalia, App, Ms. R.V. Acharya.

JUDGMENT :

1. The petitioner has preferred present petition under Articles 14, 16 and 226 of the Constitution of India challenging the impugned order dated 17.11.2011 as well as recovery notice dated 17.11.2011 of the respondents with below mentioned relief/s:-

    "(a) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction and be pleased to quash and set aside the impugned order dt.17.11.2011 and also the consequent recovery notice dt. 17.11.2011 as ex-facie illegal, arbitrary, erroneous, unjust and in violation of article 14 and 16 of Constitution of India.

(b) YOUR LORDSHIPS be pleased to stay implementation and execution of the impugned order dt.17.11.2011 and also the consequent recovery notice dt. 17.11.2011 pending admission, hearing and final disposal of this petition.

(c) YOUR LORDSHIPS be pleased to issue the writ of mandamus or any other appropriate writ, order or direction and be pleased to appropriately revise the pay of the petitioner by revising the Dearness Allowance admissible from time to time to the petitioner and be further pleased to direct the respondents to pay the arrears to the petitioner after revision of the pa

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