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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S.DESAI
Ayashaben Umarji Yusuf Patel – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. How the greed of a person can lead him to suppress even the most important facts can be seen from this petition. This is the third attempt of the petitioner, and as the petitioner could not succeed on the earlier two occasions, this petition is preferred.
2. By way of this petition, by suppressing the material facts, which I shall be incorporating in the later part of the order, the petitioner has prayed for the following relief:
a. That this Hon'ble Court may be pleased to admit and allow this petition.
b. That this Hon'ble Court may be pleased to issue writ of or in nature of, Mandamus or any other appropriate writ, order or directions directing the respondent authorities to pay service benefits i.e. benefits of 4th, 5th and 6th Pay Commission respectively, 3% Increment in salary every year for the period commencing from 1979 to 2008, Pension, Group Insurance, commuted pension and provident fund benefits and further higher pay scale on completion of service of 9, 18 and 27 years, outstanding last three months' salary before retirement as well as directions to respondent authorities to make entry regarding passing of examination of supervisor in petitioner's service book an
Petition dismissed due to suppression of material facts and lack of supporting documentation for the claimed service benefits, affirming the need for 'clean hands' in legal claims.
Court ruled that the petitioner is entitled to salary arrears from the date of joining, recognizing a continuing wrong due to administrative delays in compliance with prior judicial orders.
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
Service Matter - Suspension - Quashed - When impugned punishment order has been quashed, petitioner shall be restored back in a position which stood on date of passing such order which has been quash....
The main legal point established in the judgment is that the proceedings issued by the High Court were for the purpose of regularization of the petitioner's service and fixation of pension, and not f....
The main legal point established in the judgment is the entitlement of the petitioner to timely release of post-retiral benefits, including pension, gratuity, and provident fund, and the right to be ....
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
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