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2024 Supreme(Guj) 826

NIKHIL S. KARIEL
Mohammedhanif Abdulmiyaan Qureshi – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS SHIKHA D PANCHAL
For the Respondent: MR SAHIL TRIVEDI

ORDER :

1. Heard learned advocate Ms.Shikha Panchal on behalf of the petitioner and learned Assistant Government Pleader Mr.Sahil Trivedi on behalf of the respondent – State.

1.1. At the outset, learned advocate Ms.Panchal tenders a draft amendment. The same is granted. To be carried out during the course of the day.

1.2. Rule returnable forthwith. Learned Assistant Government Pleader Mr.Sahil Trivedi waives service of rule on behalf of the respondent – State.

2. By way of this petition, the petitioner has sought for the following reliefs:-

    “(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the action on part of the respondent no.2 in not issuing Form-22 in terms of Rule 147(b) of the Gujarat Civil Services (Pension) Rules, 2002, allowing the petitioner to claim pension and gratuity, as illegal and bad in law;

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to issue Form-22 to the petitioner, in terms of Rule 147(b) of the Gujarat Civil Services (Pension) Rules, 2002, thereby releasing his first claim towards pension and grat

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