Sunilbhai Govindlal Shah vs State Of Gujarat on 1 May, 2019
Even as the rivals drew their contentions,
it could not be denied that similar issue had
arisen and dealt with by this Court in Harish
Dunichand Chandrani v. State of Gujarat being
Special Civil Application No.12033 of 2014
decided as per order dated 20th July, 2015 where
too the petitioner claimed benefits of Tiku Pay
Commission, but the same was denied on the
ground of the said petition having taken
voluntary retirement. The said petitioner opted
for voluntary retirement on medical ground
having suffered stroke of paralysis and
resultant permanent disability. The said order
was challenged in Letters Patent Appeal No.1469
of 2015 which was dismissed by the Division
Bench by judgment dated 16th January, 2017.