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LPA/2130/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2130 of 2009
In
SPECIAL
CIVIL APPLICATION No. 7865 of 2008
==================================================
K
L NAGESH - Appellant(s)
Versus
DWARKA
NAGAR PALIKA & 3 - Respondent(s)
==================================================
Appearance :
MR
SS BELSARE for Appellant(s) : 1,
None for Respondent(s) : 1 -
4.
==================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/04/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Taking
into consideration the fact that the appellant had abandoned his
service more than 15 years back, and that now he has attained 58
years, we are not inclined to interfere with the order passed by the
learned Single Judge, nor inclined to direct the respondents to
reinstate him in service.
However,
the order passed by the Tribunal as affirmed by the learned Single
Judge shall not stand in the way of the appellant to ask for terminal
benefits for the period he worked under the respondents. If such an
application is filed by the appellant for terminal benefits within
six weeks, the competent authority to decide the same in accordance
with law and pass reasoned order preferably within three months from
the date of receipt of such application.
The
Letters Patent Appeal stands disposed of.
(S.
J. MUKHOPADHAYA, C.J. )
(
AKIL KURESHI, J. )
kailash
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