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LPA/2636/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2636 of 2010
In
SPECIAL
CIVIL APPLICATION No. 9236 of 2010
===============================================
P
H VACHRAJANI - Appellant(s)
Versus
JUNAGADH
AGRICULTURAL UNIVERSITY THROUGH REGISTRAR & 1 - Respondent(s)
===============================================
Appearance
:
MR IS SUPEHIA for Appellant(s)
: 1,
MR DG CHAUHAN for Respondent(s) : 1,
MR BH KHER for
Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
2,
===============================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 16/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr I. S. Supehia, learned counsel for the appellant and Mr
D.G. Chauhan, learned counsel for respondent No.1. Mr Supehia,
learned counsel for the appellant admits that he did argue the matter
on 12.8.2010. But the Court was not convinced so far as the
termination of the appellant is concerned and, therefore, issued
Notice only to ascertain if the post-retiral dues of the petitioner
have been paid or not. On 16.9.2010, Mr Supehia, learned counsel
appeared before the Court and argued the question of post-retiral
dues. Learned Single has passed order on 16.9.2010
directing that the post-retiral dues to be paid to the appellant.
Now it is not open to the learned counsel for the appellant to take
somersault and challenge the termination order which was though
challenged in the writ petition before the learned Single Judge but
was given up.
2.
In case the appellant has not yet made application for releasing his
post-retiral benefits by 30.9.2010, he shall move such an application
within one month from today which shall be considered by the
respondent authorities as directed by the learned single Judge within
a further period of three months.
3. Subject
to the aforesaid observations, this appeal fails and is dismissed
accordingly.
[V
M SAHAI, J.]
[G
B SHAH, J.]
msp
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