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SCA/14234/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14234 of 2011
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HASMUKHBHAI
BHAILALBHAI VASAVA - Petitioner(s)
Versus
PRINCIPAL
DISTRICT JUDGE & 1 - Respondent(s)
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Appearance :
MR
AS SUPEHIA for
Petitioner(s) : 1,
MS KRUTI M SHAH for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/11/2011
ORAL
ORDER
Heard
learned Advocates for the parties.
This
petition under Article 226 of the Constitution of India is filed
with the following prayers :-
“A) Directing the
Respondents to grant the retiral benefits like pension, gratuity,
leave encashment, etc. to the petitioner and to pay the arrears with
8% interest from 2.4.2007 till payment.
B) During the pendency
and final disposal of this petition, the respondent No.1 may be
directed to pay the amount of gratuity and leave encashment
forthwith.
C) To grant such and
further relief as may be deemed fit and proper.”
By
this Writ Petition, the petitioner has claimed that he is entitled
to the amount of retiral benefits from 02.04.2007 and in support of
his submissions, the petitioner has placed reliance on Rule 44(6) of
Chapter VII of Gujarat Civil Service (Pension) Rules, 2002 and other
provisions. Upon issuance of Notice, and as directed in the oral
order dated 22.09.2011, the Registrar, District Court, Vadodara has
filed affidavit-in-reply in which the competent authority namely the
learned Principal District Judge, Vadodara has by an order dated
29.09.2011 substituted the penalty of dismissal with compulsory
retirement with effect from the date on which the order of dismissal
came into force and further directed that the entries be made in the
Service Book of the petitioner accordingly and the pension papers of
the petitioner be prepared expeditiously. Further, in the
affidavit-in-reply as filed above, it is made clear that pension to
be paid will be subject to outcome of proposed departmental enquiry
incase permission is granted by the Government in accordance with
law.
In
view of the above and what is stated in the affidavit-in-reply, in
no certain terms, now by an order dated 29.09.2011, the petitioner
stands compulsorily retired with effect from the date on which the
order of dismissal came into force and therefore, it is expected of
the respondents to expedite preparation of pension papers of the
petitioner as expeditiously as possible and act accordingly.
With
the aforesaid observation, this petition stands disposed of. Notice
discharged. No order as to costs. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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