Rupal Dinesh Patel vs State Of Gujarat
2021 Latest Caselaw 16092 Guj

     C/SCA/15235/2021                           ORDER DATED: 12/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 15235 of 2021

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                         RUPAL DINESH PATEL
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR SMIT VAGHELA, ADVOCATE for
MR VAIBHAV A VYAS, ADVOCATE for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 12/10/2021

                             ORAL ORDER

1. Heard learned advocate Mr. Smit Vaghela for Mr. Vaibhav Vyas, learned advocate for the petitioner and learned AGP Mr. Utkarsh Sharma for the respondent State.

2. By way of this petition, the petitioner challenges in-action on the part of the respondent Authorities of not providing pension and other retiral benefits.

3. Learned advocate Mr. Vaghela would submit that the issue as to whether an ad-hoc employee would be entitled to pension and other retiral benefits is no more res integra. Learned advocate would submit that a Co-ordinate Bench of this Court, vide judgment dated 07.05.2019 in Special Civil Application No.1904 of 2017, has already decided this issue in favour of the ad-hoc employees. Learned advocate would further submit that the said judgment of the learned Single Judge has been confirmed by the Hon'ble Division Bench vide

C/SCA/15235/2021 ORDER DATED: 12/10/2021

order dated 22.10.2019 in Letters Patent Appeal No.1748 of 2019. Learned advocate for the petitioner would further submit that the Hon'ble Apex Court had also not interfered with the decision of the learned Single Judge, as confirmed by the Hon'ble Division Bench.

4. Having regard to the same, learned advocate would submit that it was unfair on the part of the respondent Authorities of not granting pension and other retiral benefits to the petitioner till date.

5. In view of above, issue notice to the respondents returnable on 30.11.2021. Learned AGP waives service of notice on behalf of respondent No.1. Direct service for rest of the respondents is permitted.

6. By the next date, the respondent shall ensure that the affidavit in reply be placed on record.

(NIKHIL S. KARIEL,J) M.H. DAVE