STATE OF GUJARAT Vs. KAKUBHA PRATAPSINH GOHIL
LAWS(GJH)-2021-8-72
HIGH COURT OF GUJARAT
Decided on August 06,2021

STATE OF GUJARAT Appellant
VERSUS
Kakubha Pratapsinh Gohil Respondents




JUDGEMENT

R.M.Chhaya,J. - (1.)Feeling aggrieved and dissatisfied by the judgment and order dated 12.9.2019 passed by learned Single Judge (Coram: Ms. Sonia Gokani, J.) in Misc. Civil Application no.1 of 2019 in Special Civil Application no.7570 of 2016, the appellants have preferred this intra-Court appeal under Clause 15 of the Letters Patent.
(2.)Following facts emerge from the record of the petition:-
That, the respondent-original petitioner filed a Writ Petition under Article 226 of the Constitution of India and, inter-alia, prayed as under:-

"[a] to allow this petition with costs and to issue a writ of mandamus or any other writ, direction or order, enjoining upon thereafter respondents to grant the pensionary benefits to the petitioner forthwith, directing payment of pensionary benefits forthwith, together with interest at the rate of 12% per annum from 01-11-2013, as the petitioner retired on 31-10-2013, until payment of the pensionary benefits, including the arrears and also direct to pay the monthly payment of pension regularly;

[b] to kindly appropriate interim relief, including provisional pension, pending the final disposal of this petition;"

(3.)The learned Single Judge, having appreciated the evidence on record and also considering the ratio laid down by the Hon'ble Apex Court in the case of State of Gujarat & Ors. Vs. PWD Employees Union , 2013 2 GLH 692 and other judgments of this Court on similar issue, was pleased to allow the petition.


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