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SCA/9003/1999 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9003 of 1999
========================================================
RAMESHCHANDRA
MANGALDAS SHAH - Petitioner(s)
Versus
KALOL
NAGAR PALIKA & 2 - Respondent(s)
=========================================================
Appearance :
MR
TR MISHRA for
Petitioner(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1, 3,
MR
SANJAY M AMIN for Respondent(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/04/2010
ORAL
ORDER
1. The
petitioner has prayed for a direction directing the respondent to
release the incremental benefits to the petitioner from 1991 and also
grant the benefits.
2. Affidavit
in reply has been filed. Paras 9 and 10 read as under :
9. It is
submitted that though the petitioner, thus, retired from the
service his retirement dues could not be paid by the Nagarpalika
because of the pendency of the present issue and the petition
before this Hon’ble Court as the same would not have been
permissible because of audit norms and objections.
10. It is
submitted that the Nagarpalika has, however, worked out the total
retirement dues of the petitioner till the date of his retirement.
Annexed hereto and marked as Annexure R4 is a copy of the said
calculations. It is submitted that, thus, the Nagarpalika is bound
to act as per the directions of this Hon’ble Court in the present
matter and would take appropriate steps forthwith as directed by
this Hon’ble Court.
3. In view of
the above the Nagarpalika is directed to make payment of
retirement dues of petitioner as per Annexure R4 within four weeks
from today.
4. With
the above observation this petition stands disposed of accordingly.
Rule is made absolute to the aforesaid extent with no order as to
costs.
(K.S.
Jhaveri,J.)
mary//
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