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SCA/18991/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 18991 of 2006
=========================================================
MAGANLAL
PRAGJIBHAI KAKADIA - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
BS BRAHMBHATT for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/02/2007
ORAL
ORDER
Heard
learned Advocate Mr. BS Brahmbhatt for petitioner, Ms. Bhavika
Kotecha, learned AGP for respondent NO.1.
Considered
the submissions made by both the learned Advocates and also
considered the contentions raised by the petitioner in the memo of
petition.
By
way of interim relief, it is directed to the respondents to pay to
the petitioner all the retirement benefits including
pension/gratuity and other service benefits which are undisputed,
due and payable by respondents to the petitioner as per service
rules within one month from the date of receipt of copy of this
order.
It
is clarified that such payments that will be made by respondents to
the petitioner pursuant to these directions shall be without
prejudice to the rights and contentions of the petitioner raised in
this petition including the claim of interest upon the delayed
payments. It is further clarified that such payments shall also be
without prejudice to the rights and contentions of the respondents
and the same shall be subject to the final orders that may
ultimately be passed by this court in this matter. Direct Service is
Permitted.
(H.K.
Rathod,J.)
Vyas
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