Ajit P Surti vs State Of Gujarat & 3 on 14 September, 2017

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Gujarat High Court

Ajit P Surti vs State Of Gujarat & 3 on 14 September, 2017

Bench: S.G. Shah

                    C/CA/12061/2017                                                ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 CIVIL APPLICATION (FOR DIRECTION) NO. 12061 of 2017
                     In SPECIAL CIVIL APPLICATION NO. 5360 of 2017
                                         With
                       SPECIAL CIVIL APPLICATION NO. 5360 of 2017
                                                  TO
                       SPECIAL CIVIL APPLICATION NO. 5362 of 2017
         ==========================================================
                                  AJIT P SURTI....Applicant(s)
                                           Versus
                            STATE OF GUJARAT & 3....Respondent(s)
         ==========================================================
         Appearance:
         MRS MAUNA M BHATT, ADVOCATE for the Applicant(s) No. 1
         MR ROBIN MOGERA, AGP for the Respondent(s) No. 1
         MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 2
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
                            Date : 14/09/2017
                                            ORAL ORDER

Heard learned advocate Mrs. Mauna M. Bhatt for the applicant. It is undisputed fact that after judgment and order dated 20.7.2015 in Special Civil Application No.12033 of 2014, so also judgment and order dated 16.1.2017 in Letters Patent Appeal No.1469 of 2015, which is confirmed by order dated 17.7.2017 in SLP (Civil) Diary No.18150 of 2017, subject to contention by the respondents, petitioners are entitled to pensionary benefit and therefore, irrespective of other contentions, respondents should have immediately released atleast provisional pension, if at all they want to resist the petition.

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HC-NIC Page 1 of 2 Created On Thu Sep 14 23:42:32 IST 2017 C/CA/12061/2017 ORDER However, when pension is already released in case of similarly situated petitioners of Special Civil Applications No.5361 of 2017 and 5362 of 2017, practically, now, respondents have considered that petitioner is also entitled to pension and therefore, respondent No.3 has called for several information from respondent No.4 by their letter dated 21.8.2017. It is also undisputed fact that petitioner has voluntarily retired w.e.f. 30.9.2016 and therefore, his pension is unpaid for last one year.

In view of such fact, respondents are hereby called upon to comply with their internal process, so as to release the pension and other unpaid retirement benefits within three weeks' from today. For the purpose, all requisite information to be collected from different offices may be collected at the earliest, but in any case, pension must be released on or before 6.10.2017, without fail. It is made clear that prayer to grant interest on such delayed payment would be taken care of herein after.

List the matters on 9.10.2017.

(S.G. SHAH, J.) binoy Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Sep 14 23:42:32 IST 2017

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