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SCA/12474/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12474 of 2010
=========================================================
GIRDHARLAL
KALHYAN AGRAVAT - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MD RANA for
Petitioner(s) : 1,
MR SHIVANG SHUKLA, AGP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 20/10/2010
ORAL
ORDER
1. The
petitioner is before this Court praying that a writ of mandamus be
issued commanding the respondents to release the retiral dues which
could have been automatically released on attaining the age of
superannuation with 9% interest and without awaiting for any setting
aside of order of termination.
2. On
11.10.2010, learned Advocate Mr.M.D.Rana for the petitioner asked for
some time to place on record communication dated 15.11.2003. Learned
Advocate moved draft amendment and placed the said communication on
record.
The
draft amendment is allowed.
3. Learned
Advocate for the petitioner submitted that the petitioner has
challenged this order of termination by filing Special Civil
Application No.16119 of 2003, as mentioned in para-4.
4. Without
taking any effective steps to get the matter of 2003 heard, the
petitioner has filed the present petition praying for the aforesaid
relief.
5. In
the opinion of this Court, outcome of that petition will have a
bearing on the retiral benefits of the petitioner and therefore, no
relief can be granted in this petition. If the petitioner so choses,
he may approach the Court for early hearing of that petition. The
petition is dismissed.
(Ravi
R.Tripathi, J.)
*Shitole
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