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MCA/1260/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1260 of 2011
In
SPECIAL
CIVIL APPLICATION No. 16418 of 2010
=========================================================
N
V SOLANKI - Applicant(s)
Versus
I
P GAUTAM - COMMISSIONER & 1 - Opponent(s)
=========================================================
Appearance :
MR
DP JOSHI for
Applicant(s) : 1,
None for Opponent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 06/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present petition is that the decision upon the
representation of the petitioner for payment of terminal benefit is
not taken by the Commissioner of Ahmedabad Municipal Corporation.
The
perusal of the document produced by the petitioner at Annexure-F
dated 24.02.2011 shows that the Corporation has credited the amount
of Rs.13,42,592/- towards terminal benefit of the petitioner. But
the grievance on the part of the petitioner is that no decision is
taken on the aspect as to whether pension should be paid or not.
In
our view, if the deposit of the amount in the account of the
petitioner as stated by him is later to the decision of the learned
Single Judge dated 29.12.2010 in Special Civil Application
No.16418/10, it will be for the petitioner to ventilate the
grievance by appropriate proceeding in the event he is aggrieved by
the decision may be of not crediting the amount of pension or not
sanctioning the amount of pension.
Under
the circumstances, as the liberty is already given to the
petitioner, we are not inclined to initiate action under the
Contempt of Court at this stage.
Disposed
of accordingly.
(JAYANT
PATEL, J.)
(J.C.
UPADHYAYA, J.)
*bjoy
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