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SCA/660520/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6605 of 2008
=========================================================
HIMA
JHAVERBHAI PATEL - Petitioner(s)
Versus
SECRETARY/ADDITIONAL
CHIEF SECRETARY & 6 - Respondent(s)
=========================================================
Appearance
:
DR
MAHESH THAKAR for
Petitioner(s) : 1,MS MONA N TRIVEDI for Petitioner(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1, 3, 6,
DS AFF.NOT FILED (N) for
Respondent(s) : 1, 3, 6,
NOTICE SERVED BY DS for Respondent(s) :
2, 4, 7,
MR HARSHADRAY A DAVE for Respondent(s) :
5,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/09/2008
ORAL
ORDER
1. This
Court on 25.04.2008 passed the following order:
Heard
Dr.Thakkar, learned counsel for the petitioner and Ms.Asmita Patel,
learned AGP for the respondent Nos.1, 3 and 6.
Learned
counsel for the petitioner has raised various contentions and
submitted that though Rule 128 of the Gujarat Civil Services
(Pension) Rules, 2002 cast duty upon the Authority to ensure that
issuance of pension order is to be finalized within six months before
the actual date of retirement of an employee. Though the petitioner
retired on 30.4.2006, after completion of 31 years of pensionable
service, except for fixing provisional pension and payment of of
Death-cum-Retirement Gratuity, pension is yet not fixed by the
respondent authorities.
In
view of the above, Notice returnable on 2nd May,
2008.
In
the meanwhile, if no decision is taken, interest that may have to be
paid on the belated payment of the pension and other retiral dues
shall be the exclusive liability of the authority sanctioning and
disbursing the pension for such indecisiveness and delay.
Direct
Service is permitted.
2. Thereafter,
on 11.07.2008, this court passed the following order:
Learned
AGP to justify the delay in deciding finally the entitlement of
retiral dues of the petitioner on or before 17th July,
2008. S.O. to 17th July, 2008. No further time will be
granted.
3. At
the request of Mr. Shah, learned Asst. Govt. Pleader, the matter is
adjourned to 12.09.2008. It is made clear that on the next date of
hearing, if the order is not placed on record, then the Director
(Pension & Provident Fund), Gandhinagar shall remain present
before this Court.
(K.S.
JHAVERI, J.)
Divya//
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