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SCA/13591/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13591 of 2010
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TUSHAR
C SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
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Appearance :
MR
AS SUPEHIA for Petitioner(s) : 1,
MR NIRAG PATHAK, AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/10/2010
ORAL
ORDER
Heard
learned Advocate Mr.Supehia for the petitioner.
2. Learned
Advocate for the petitioner invited attention of the Court to page
No.56, Annexure-D, whereby the date of retirement of the petitioner
is fixed to be 30.03.1994 whereas by pension authorizing letter dated
30.04.2010, the date of commencement of pension is fixed to be
31.03.2006 and in the same communication, the date of retirement of
the petitioner is considered to be 30.03.1994. There is a note in
the said letter/order that, Over Payment Dt.31/03/1994 to
Dt.30/03/2006 For ‘Rahemiyat’ Pension are Recovere from Payable T.I.
to Pension .
2.1
Learned Advocate for the petitioner submitted that this is not a case
of only non-application of mind but is a case of deliberate
harassment to the petitioner as for every single thing, the
petitioner has to come to this Court. He submitted that the
petitioner is before this Court since 1994 when he first filed SCA
No.11076 of 1994, thereafter an LPA against that order, as the order
in LPA was not complied with, MCA for contempt and again by filing
MCA No.913 of 2008 and thereafter against the present letter
authorizing pension dated 30.04.2010.
3. The
matter requires consideration.
RULE
returnable on 28.10.2010. NOTICE as to interim
relief returnable on the same day.
In
the meantime, the authorities are restrained from making any recovery
from the petitioner.
In
the event, the authorities are not able to look into the matter
closely and rectify an apparent error caused in the letter /order
dated 30.04.2010, an officer not below the rank of Deputy Secretary
shall personally remain present before this Court on 28.10.2010.
Direct
service is permitted.
It
will be open for the learned Advocate for the petitioner to effect
direct service by Registered Post A.D. at the cost of the petitioner.
A
copy of this order be made available to learned AGP Mr.Pathak for its
onward communication for compliance.
(Ravi
R.Tripathi, J.)
*Shitole
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