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SCA/9238/1994 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9238 of 1994
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SMT.BHARTIBEN
WD/ LALSINGH D.CHAUHAN - Petitioner(s)
Versus
ADMINISTRATOR,BAGASARA
NAGAR PALIKA & 2 - Respondents
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Appearance :
MR
DG CHAUHAN for
Petitioner(s) : 1, 1.2.1,1.2.2
MR D D VYAS for Respondent(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 21/01/2010
ORAL
ORDER
Learned
counsel, Mr. Dhaval Vyas, appearing for the respondent-Municipality,
stated, on instructions of the Chief Officer who is personally
present in the Court, that the remaining amounts of retiral dues
shall be paid to the petitioner by 01.02.2010 with interest as may be
applicable under the Rules. As for the deduction effected from the
pension payable to the petitioner, he would take necessary
instructions and place on record the relevant material, if necessary
to justify or show the legality of the deductions already effected.
It was also assured on instructions that necessary steps will be
taken to see that final amount of pension shall be fixed, if it is
required to be paid, as expeditiously as practicable and the due
amount of monthly pension shall be deposited in the account of the
petitioner in the first week of every calender month.
Learned
counsel, Mr. Chauhan appearing for the petitioner reiterated his
grievance that the amounts already deducted from the pension were
illegal deductions and the petitioner was required to be paid such
amounts with interest.
Therefore,
the legal issues involved in the matter are required to be heard and
decided. For final disposal of the petition, S.O. to
16.02.2010 by consent and on the understanding that the record
shall be put in order and completed with affidavits and documents, if
any are to be filed.
(D.H.Waghela,
J.)
Jyoti
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