State Of Gujarat vs Govindbhai Kalubhai Koli Since ...
2021 Latest Caselaw 2029 Guj

          C/LPA/215/2021                                      ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/LETTERS PATENT APPEAL NO. 215 of 2021
                                In
           R/SPECIAL CIVIL APPLICATION NO. 18999 of 2019
                              With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                In
             R/LETTERS PATENT APPEAL NO. 215 of 2021
==========================================================
                      STATE OF GUJARAT
                             Versus
     GOVINDBHAI KALUBHAI KOLI SINCE DECD. THROUGH HIS HEIRS
                   KANTABEN GOVINDBHAI KOLI
==========================================================
Appearance:
MR DHARMESH DEVNANI, AGP for the Appellant(s) No. 1,2,3
for the Respondent(s) No. 1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
MR VK JOSHI for the Respondent No.2
==========================================================
 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
         and
         HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                             Date : 10/02/2021
                              ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. Heard Mr. D.M. Devnani, learned Assistant Government Pleader, for the appellant- State and Mr. V.K. Joshi, learned counsel, for the private respondent.

2. Learned Single Judge allowed the writ petition and granted benefits to the writ petitioners (respondents herein) that the entire length of service from the initial date of joining of the petitioners would be counted for the purposes of calculating pension.

3. The said relief granted is based upon series of judgments of this Court. We do not find any infirmity in the order passed by learned Single Judge, warranting any interference in the appeal.

C/LPA/215/2021 ORDER

4. The appeal lacks merits and is accordingly DISMISSED.

5. Consequently, the Civil Application also stands disposed of.

6. On the request made by Shri Devnani, learned Assistant Government Pleader, we extend the time granted by learned Single Judge by a further period of six weeks from today. We make it clear that in case, the amount is not paid within six weeks and the directions as contained in the judgment of learned Single Judge are not complied with, interest component will stand revived automatically.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) OMKAR