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SCA/8938/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8938 of 2011
=========================================================
N
V TRIVEDI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MRYJPATEL
for
Petitioner(s) : 1,
MR MAULIK NANAVATI AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/07/2011
ORAL
ORDER
1. Heard
learned advocate Mr.Y.J.Patel for petitioner and learned AGP
Mr.Maulik Nanavati for respondents.
2. In
this petition, prayer made by petitioner to direct the respondents to
pay 12% interest on pension amount which received by petitioner for
the period from 28.2.2007 to 23.4.2010.
3. For
that, let petitioner may make detailed representation claiming such
interest amount from respondents because of delayed payment in
pension and other benefits and also to point out other side that
delay has been occurred because of the negligence of any officer or
concerned employee and due to that only, pensionary benefit has been
paid after a period of 5 years.
4. Therefore,
let such representation is to be made within a period of one month
from date of receiving copy of present order.
5. As
and when respondents receive such representation from petitioner, it
is directed to respondents to inquire as to why pensionary benefits
is not paid to petitioner and who is responsible for that. For that,
such fact finding inquiry if it is found it was delayed because of
administrative lapse or delinquencies of any concerned employee, then
to consider GR in such circumstances to pay interest and then, to
pass appropriate reasoned order according to Government policy and
Government circular, within a period of 3 months from date of
receiving such representation from petitioner and communicate the
decision to petitioner immediately.
6. In
view of aforesaid 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. ]
(vipul)
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