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2024 Supreme(Guj) 1148

HEMANT M. PRACHCHHAK
Harivadan Parshottambhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr T R Mishra
For the Respondent: Ms Dharitri Pancholi, Asst. Government Pleader

JUDGMENT :

1. By way of present petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 26.08.2009 passed by the respondent No.1 imposing 100% cut in pension and order dated 09.03.2010 rejecting the Appeal preferred by the petitioner. Being aggrieved and dissatisfied with the aforesaid orders, the petitioner has preferred this petition seeking following relief/s :

    “(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of certiorari and/or any other appropriate writ, order or direction, quashing and setting aside the impugned order dated 26-8-2009 and 9-3-2010 marked ANN.A&C to this petition, being illegal, arbitrary, discriminatory and against the provisions of law;

    (B) That Your Lordships be further pleased to declare and hold that the petitioner is entitled for payment of his regular pension and gratuity as per Rules on reaching the age of retirement i.e. 30th June, 2005 and be further pleased to direct the respondents to pay the arrears of pension and gratuity alongwith 12% interest;

    (C) Any other and such further relief as the Hon’ble Court deems fit and proper in the interest of justice.”

2. The bri

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