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CA/791/2004 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 791 of 2004
IN
LETTERS
PATENT APPEAL No. 577 of 2004
IN
SPECIAL
CIVIL APPLICATION No. 3869 of 2003
======================================
SHANKAR
KOHUMAL UTTAMCHANDANI - Applicant
Versus
GUJARAT
VIDYAPITH & 3 - Respondents
======================================
Appearance
:
MRS
DT SHAH for Applicant.
MR MUKUND M DESAI for Respondent Nos.1 -
2.
RULE SERVED BY DS for Respondent No. 3.
MR MITUL K SHELAT
for Respondent No. 4.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/10/2011
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
While
admitting this Civil Application on 10.03.2004, this Court has passed
the following order :-
“Rule.
The Gujarat Universities Services Tribunal holds that the appellant
is to be treated at par with the teachers who retired at the age of
62 years. Therefore, the petitioner was to continue in service
upto 62 years. However, the Single Judge holds otherwise. After
hearing the learned counsel for the appellant, we find substance in
contention that the appellant has to be treated at par with teachers
who retired at the age of 62 years, therefore, liable to
superannuation at the age of 62 years. Consequently,
deducting/ withholding retiral benefits would cause serious
injustice to him and throw him at the verge of starvation, as
contended. Subject to final order, the respondents are therefore
directed to release retiral benefits of the appellant withheld by it
without making adjustment of Rs.4 lacs as per Single Judge
order, because the appellant remained in service during this
period pursuant to the Court orders. Direct Service on respondents
– 1, 2 & 3 is permitted.
Respondent-4 be served by normal service.”
In view of the above order, no
further order is required to be passed in the present Civil
Application. The present Civil Application accordingly stands
disposed of in the above terms.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[K. S. JHAVERI, J.]
Savariya
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