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2024 Supreme(Online)(GUJ) 18061

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE NIKHIL S. KARIEL, J
RANABHAI KALABHAI RATHOD – Appellant
Versus
DISTRICT EDUCATION OFFICER – Respondent


Petitioner Advocates:HITESH A MAKWANA(8644) ,Respondent Advocate: GOVERNMENT PLEADER(1)

ORDER

1. Heard learned advocate Mr.Krishnan Ghavaria for learned advocate Mr.Hitesh Makwana on behalf of the petitioner and learned Assistant Government Pleader Ms.Nidhi Vyas on behalf of the respondent – State.

2. As noted in the order dated 27.02.2023, while the present petition had been preferred challenging order dated 05.08.2020 passed by the learned Gujarat Civil Services Tribunal, Gandhinagar in Application No.84/2008 whereby the order of treating the petitioner as having deemed resigned under Rule 16(2)(a) of the Gujarat Civil Services (Leave) Rules, 2002 was rejected.

3. Considering such an aspect, since the only issue which would require consideration of this Court is whether a person whose services are brought to an end by invoking power under Rule 16(2)(a) of the Gujarat Civil Services (Leave) Rules, 2002 would be entitled to any retiral benefits or not.

3.1. This Court had, vide order dated 26.03.2024 noted the submission of learned advocate for the petitioner that the issue stands covered by decisions of this Court and whereas, today, upon being called upon learned AGP, while contesting the aspect of the applicant to challenge the order of deemed to resign, could not prod

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