High CourtsSingle Bench(2010) 07 GUJ CK 0099

Zohraben Hajimiya Sheikh vs State of Gujarat and Others

Gujarat High Court · Decided on 30 July 2010

HON’BLE JUDGES
A.L. Dave, J
CASE NUMBER
Special Civil Application No. 15508 of 2007

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Judgment

8 paragraphs · 354 words

A.L. Dave, J.—The petitioner has approached this Court making the following prayers:

(A) Your Lordships may be pleased to admit/allow the present petition, in the interest of justice;

(B) Be pleased to quash and set aside the impugned order at Ann. A to this petition passed on dated 21.4.2007;

(C) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction and be directed to the respondents authorities to give effect of Govt. Resolution dated 23.8.1973 after due interpretation of Letter dated 11.1.1979 at Ann. E issued by the Section Officer of Respondent No. 1 be directed to the respondents to remove the age bar so that the petitioner could get the benefit of lien and further be directed to give all retirement benefits and be continued to give pension, in the interest of justice;

(D) pending admission and final disposal of the present petition, this Hon''ble Court may be pleased to direct the respondents authorities to consider properly and positively the prayer in terms of paragraph 10(C) of this petition forthwith, in the interest of justice;

(E) Any other and further relief/s may kindly be granted in the interest of justice.

2.

Mr. Parekh, learned advocate for the petitioner, during the course of arguments submitted that since the petitioner has already superannuated, he is not pressing the prayer, so far as it relates to lien. The only prayer that the petitioner now would like to press is for retiral benefits to which the petitioner is entitled to. In that context, he also states that a representation made by the petitioner is already pending before the respondent-authorities.

3.

This petition is disposed of with a direction to the respondent-authorities to take decision on the representation that the petitioner will make for his retiral benefits, within a period of one week from today. The respondent-authorities shall taken decision on the representation within a period of eight weeks from the date of receipt of the representation, in accordance with law and in light of their own Circular. The petition stands disposed of accordingly. Rule discharged. No costs.