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SCA/10848/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10848 of 2010
=================================================
KISHORBHAI
H GUSANI - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
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Appearance
:
MR
HASIT H JOSHI for Petitioner(s) : 1,
Mr.NIRAG PATHAK, ASST
GOVERNMENT PLEADER for Respondent(s) : 1,
None for Respondent(s) :
2 - 6.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 23/09/2010
ORAL
ORDER
A retired
employee of the Health Department is before this Court complaining
that though he retired on 31st October 2000 and his
provisional pension was fixed in the month of June 2002 and is paid
at the rate of Rs.3813 per month and his commutation pension amount
is fixed at Rs.1,97,274/-, he is neither paid the same nor his
regular pension is fixed.
2. There has to
be a limit to everything. The poor employee went on making
representations to the authorities. Few of them which are produced
are, letter dated 28.10.2003 (Annexure ‘D’), another letter dated
27.09.2006 (Annexure ‘E’), yet another letter dated 26.07.2007
(Annexure ‘F’). Even thereafter, without losing his patience he
wrote another letter dated 01.09.2007 (Annexure ‘G’) and one more
letter he wrote on 19.10.2007 (Annexure ‘H’). Thereafter, he made a
representation dated 10.12.2007 (Annexure ‘I’). Total six in number,
of which none seems to have reached the authorities so as to wake
them up so as to look into the matter. Therefore, it is deemed fit
and proper that Additional Director, Medical Education and Research
(ME) be directed to remain personally present before this Court at
11.00 AM on 12th October 2010, if the amount of commuted
pension is not paid and regular pension is not fixed, by 11th
October 2010 .
3. A copy of
this petition was served to the Office of the learned Government
Pleader on 30th July 2010. Learned Assistant Government
Pleader Mr.Pathak is without any instructions in the matter. That
makes the Court to believe that serving an advance copy to the Office
of the Government Pleader is an empty formality. A copy of this order
be made available to learned Assistant Government Pleader Mr.Pathak.
4. NOTICE
returnable on 12th October 2010. Direct service is
permitted. It will be open to the learned advocate for the petitioner
to effect the service by Registered Post Acknowledgment Due.
(RAVI
R. TRIPATHI, J.)
karim
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