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SCA/3686/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3686 of 2010
=========================================================
J
N PAREKH - Petitioner(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================================
Appearance
:
MR
PARESH UPADHYAY for
Petitioner(s) : 1,
MR JASWANT K SHAH AGP for Respondent(s) : 1 -
3.
NOTICE SERVED BY DS for Respondent(s) : 4 - 6.
MR SUNIL C
PATEL for Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 16/04/2010
ORAL
ORDER
1.0 By
way of present petition, the petitioner has prayed for a direction to
the respondent authority to make payment of retirement dues of the
petitioner, such as pension, gratuity, commutation of pension, leave
encashment, group insurance, provident fund, etc., with interest for
its delayed payment.
2.0 The
case of the petitioner, is that the petitioner has joined the service
as Assistant Lecturer under respondent No. 3- Director of Technical
Education, Gujarat State. After completion of 30 years of service,
the petitioner has submitted application for voluntary retirement
effective from 30.11.2009. On 04.09.2009, the petitioner informed
that his application is not accepted. On 15.10.2009, the petitioner
replied to the Government about their incompetence to insist for the
continuation of service of the petitioner beyond 30.11.2009. The
petitioner has retired from services on 30.11.2009. Inspite of legal
and valid retirement of the petitioner, the petitioner is not paid
his retirement dues. Hence, this petition.
3.
Heard, learned advocate for the respective parties.
4 In
view of the affidavit-in-reply filed by the respondent, it is
submitted that earlier the application of the petitioner for
Voluntary Retirement Scheme was rejected on 21.11.2009. Thereafter,
again the petitioner has made a representation. Considering the
representation of the petitioner, the respondent made a proposal to
the Education Department requesting to accept the Voluntary
Retirement of the petitioner and by letter dated 06.03.2010., the
State Government has accepted the proposal and granted approval to
the voluntary retirement of the petitioner. In affidavit-in-reply, it
is submitted that therefore, the grievance raised by the petitioner
will not survive and all payments which are required to be paid in
accordance with law as retirement dues will be paid as expeditiously
as possible.
5. In
view of the above, as the respondent made a proposal to the
Education Department requesting to accept the Voluntary Retirement of
the petitioner and by letter dated 06.03.2010., the State Government
has accepted the proposal and granted approval to the voluntary
retirement of the petitioner, the respondent No. 3- Deputy Director,
Technical Education, Gandhinagar is directed to complete the said
proceedings preferably within three months but not later than four
months including making payment thereof.
6. With
the above direction, the petition stands disposed of. Notice is
discharged with no order as to costs. Direct service is permitted.
(K.S.JHAVERI,
J.)
niru*
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