Gujarat High Court
Vidyaben M Parmar vs State Of Gujarat on 19 January, 2022
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/4628/2021 ORDER DATED: 19/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4628 of 2021
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VIDYABEN M PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR. HJ KARATHIYA(7012) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
MR KURVEN DESAI, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 19/01/2022
ORAL ORDER
1. Heard Mr. H.J. Karathiya, learned advocate for the petitioner, Mr. Kurven Desai, learned AGP for respondent no. 1 and Mr. HS Munshaw, learned AGP for respondent no. 3.
2. In this petition, under Article 226 of the Constitution of India, the case of the petitioner is that she having been compulsorily retired in the year 1995 was entitled to the benefit of compassionate pension. By a communication dated 09.02.2018, the respondent no. 3 has opined that since the petitioner had been involved in the case of tampering with government records and was imposed penalty of compulsory retirement, she is not entitled to compassionate pension.
3. Mr. Karathiya, learned advocate for the petitioner submits that the order does not reflect the consideration of Rule 274 of the Bombay Civil Services Rules.
4. Having heard learned advocates for the parties, the respondent is Page 1 of 2 Downloaded on : Thu Jan 20 21:27:26 IST 2022 C/SCA/4628/2021 ORDER DATED: 19/01/2022 directed to take a fresh look in the matter and pass a fresh order in accordance with law on the issue after considering Rule 274 of the BCSR without being influenced by the orders of this court.
5. With the aforesaid observations, petition is disposed of. Notice is discharged. Direct service is permitted.
(BIREN VAISHNAV, J) DIVYA Page 2 of 2 Downloaded on : Thu Jan 20 21:27:26 IST 2022