Gujarat High Court
Mehandrasinh Gayaprasad Mali vs State Of Gujarat Thru. Brajesh Kumar Jha on 15 April, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/MCA/339/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 339 of 2019
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==========================================================
MEHANDRASINH GAYAPRASAD MALI
Versus
STATE OF GUJARAT THRU. BRAJESH KUMAR JHA
==========================================================
Appearance:
MR JAYANT P BHATT(169), MR JEET J BHATT(6154), ADVOCATES, for the
Applicants (In all MCAs)
MR. CHINTAN DAVE, ASSTT. GOVT. PLEADER for the Respondents (In MCA
339/2019 to 360/2019)
MS. NISHA THAKORE, ASSTT. GOVT. PLEADER for the Respondents (In MCA
361/2019 to 376/2019)
MS. AISHWARYA GUPTA, ASSTT. GOVT. PLEADER for the Respondents (In MCA
377/2019 to 392/2019)
==========================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 15/04/2019
COMMON ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) Heard learned advocate for the applicants and learned Assistant Government Pleader.
Page 5 of 7 C/MCA/339/2019 ORDER
The grievance of the applicants in these Misc. Civil Applications is that the following directions issued by learned Single Judge vide common oral judgment dated 13.07.2018, rendered in Special Civil Application No.2224/2012 and allied petitions, have not been complied with though more than eight months have elapsed:
"21. Admittedly, all the petitioners have spent best part of their life in service of the respondents. They have worked for about 30 years when they have been dismissed from service. By now, most of them might have reached to the age of superannuation and might have found alternative job though such jobs are difficult to get at fag end of the life. However, keeping in view the circumstances of these cases, the order of dismissal can be substituted with the order of voluntary retirement.
22. As a result of foregoing discussions, these petitions are partly allowed. Petitioners are ordered to be treated as voluntary retired in place of dismissal. The petitioners will be treated to have retired from service. They will be entitled to pension and other pensionary benefits from that date, but they will not be paid any arrears for the aforementioned period i.e. from the date of retirement till the decision by this Court. However, Page 6 of 7 C/MCA/339/2019 ORDER they will be entitled to full pension after this date i.e. decision of this Court. Rule is made absolute to the aforesaid extent in all these petitions."
It is stated by learned Assistant Government Pleader that the respondents are in the process of filing Letters Patent Appeal against the above judgment.
Be that as it may, if the respondents are desirous of challenging the above oral judgment rendered by learned Single Judge, they may do so within a period of six weeks from today, or comply with the directions issued by learned Single Judge.
With the aforesaid observations, the present Misc. Civil Applications stand disposed of.
Direct Service is permitted.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) sunil Page 7 of 7