Gujarat High Court Case Information System
Print
SCA/15508/2007 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15508 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.L.DAVE
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
ZOHRABEN
HAJIMIYA SHEIKH - Petitioner
Versus
STATE
OF GUJARAT & 6 - Respondents
=========================================================
Appearance
:
MR
MA PAREKH for
Petitioner.
MR NIRAG PATHAK, ASSTT.GOVERNMENT PLEADER for
Respondents : 1 - 5.
RULE SERVED for Respondent(s) : 6 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 30/07/2010
ORAL
JUDGMENT
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.
[A.L.Dave,J.]
(patel)
Top