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SCA/8798/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8798 of 2011
=========================================================
D
L SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
RAMKRISHNA B DAVE for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/07/2011
ORAL
ORDER
Heard
learned Advocate Mr. RB Dave for petitioner and learned AGP Mr.
Maulik Nanavati for respondents.
This
Court has passed following order in Special Civil Application No.
9265 of 2008 dated 29th September, 2009:
“1. By
way of this petition under Article 226 of the Constitution of India
the petitioner has prayed for an appropriate writ, order or
direction quashing and setting aside the action of the respondents
in not accepting the application of the petitioner for voluntary
retirement by not taking any decision.
2. Shri
Dave, learned advocate appearing on behalf of the petitioner has
submitted that from the affidavit-in-reply it appears that the
application of the petitioner for voluntary retirement was not
processed at the relevant time though the petitioner had attained
the qualifying service for voluntary retirement.
It is submitted by him that as per the certificate issued by the
Deputy Director, Pension and Provident Fund, Gandhinagar dated
2-5/05/2009, the petitioner has already completed 20 years of
service, which is the qualifying period.
3. Shri Shivang Shukla,
learned AGP has submitted that the application of the petitioner for
voluntary retirement is to be considered and appropriate decision is
to be taken by the State Government i.e. the Secretary, Port and
Transport Department, State of Gujarat.
4. In view of the above,
let the petitioner submit an appropriate application alongwith the
certificate issued by the Deputy Director, Pension and Provident
Fund, Gandhinagar dated 2-5/05/2009 on the basis of which it is
contended by the petitioner that the petitioner has completed the
qualifying period. The petitioner to make an appropriate
application alongwith the aforesaid document with a request to the
Secretary, Port and Transport Department to take final decision on
the application submitted by the petitioner for voluntary retirement
within a period of two weeks from today and on receipt of such an
application, Secretary, Port and Transport Department to take an
appropriate final decision on the application submitted by the
petitioner for voluntary retirement within a period of four weeks
thereafter and communicate the outcome of the same to the
petitioner. If the application of the petitioner for voluntary
retirement is accepted, in that case, the petitioner shall be paid
all the consequential benefits available to the petitioner on
voluntary retirement at the earliest.
With
this, the present Special Civil Application is disposed of at this
stage.”
Thereafter,
in view of aforesaid order passed by this court, respondent has
passed order page 17 annexure E dated 21.9.2009 accepting voluntary
retirement of petitioner with effect from 31.10.2005. Now,
contention is raised by petitioner that he is entitled to have
voluntary retirement with effect from extra-ordinary leave 1st
April, 2003 and claiming all consequential benefits from respondents
accordingly. Learned Advocate Mr. Dave also submitted that GPF
Amount has been paid not in time but it was paid belatedly but for
that, no interest amount is paid subsequent to 2008 though order of
retirement has been passed on 21.9.2009 accepting voluntary
retirement of petitioner with effect from 31.10.2005.
If
that be so, let petitioner may make detailed representation claiming
aforesaid benefits from respondents within one month from date of
receiving copy of present order.
As
and when such representation made by petitioner is received by
respondents, it is directed to respondents to reconsider and examine
grievance of petitioner on both counts, whether petitioner is
entitled to have voluntary retirement in class II with effect from
1st April, 2003 or not and also to consider whether
petitioner is entitled for interest upon amount of GPF subsequent to
2008 or not and then to pass appropriate reasoned order within three
months from date of receiving such representation from petitioner
and communicate decision to petitioner immediately thereafter.
In
view of these observations and directions, this petition is disposed
of by this court without expressing any opinion on merits. However,
if ultimate decision is adverse to petitioner, it is open for
petitioner to challenge same before appropriate forum in accordance
with law.
(H.K.
Rathod,J.)
Vyas
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