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SCA/421/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 421 of 2011
=========================================================
VASANGJI
HARIJI THAKOR - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
HL
PATEL ADVOCATES for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/07/2011
ORAL
ORDER
Heard
learned Advocate appearing for HL Patel Advocates for petitioner and
learned AGP Mr. Maulik Nanavati for respondent No.1.
According
to petitioner, he was appointed as Sanitary Mukadam in Health and
Family Department, Gandhinagar on 27.8.1970 and petitioner retired
on 30.6.2009 but no entry has been made in service book of
petitioner by respondent no.2, therefore, communication has been
made by petitioner to respondent no.1 on 12.10.2009 and also
requested respondent authority to consider case of petitioner for
pensionary benefits as petitioner has not been paid any amount till
date after getting retirement from service.
Learned
AGP Mr. Maulik Nanavati submitted that now, respondent no.2 Notified
Area being Chief Officer has become Municipal Corporation and
Commissioner, Gandhinagar Municipal Corporation is the authority
which can consider such application of petitioner for pensionary
benefits.
Therefore,
let petitioner may approach Municipal Commissioner, Gandhinagar
Municipal Corporation, Gandhinagar for getting pensionary benefits
on the basis of date of retirement 30.6.2009 within period of
fifteen days from date of receipt of copy of present order.
As
and when Municipal Commissioner, Gandhinagar Municipal Corporation,
Gandhinagar receives such representation from petitioner claiming
pensaionry benefits, it is directed to Municipal Commissioner,
Gandhinagar Municipal Corporation, Gandhinagar to consider such
representation, examine grievance of petitioner and as early as
possible to decide it within period of one month from date of
receiving such representation from petitioner and then to
communicate decision to petitioner immediately thereafter.
In
view of these observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct Service is Permitted.
(H.K.
Rathod,J.)
Vyas
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