Ganpatray Manishankar Joshi vs S. S. Thakre, Director Of Pension ...
2023 Latest Caselaw 1403 Guj

     C/MCA/34/2023                               ORDER DATED: 09/02/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 34 of 2023

          In R/SPECIAL CIVIL APPLICATION NO. 11615 of 2019

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                 GANPATRAY MANISHANKAR JOSHI
                             Versus
    S. S. THAKRE, DIRECTOR OF PENSION AND PROVIDANT FUND,
                         GANDHINAGAR
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Opponent(s) No. 2,3
NOTICE SERVED for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                            Date : 09/02/2023

                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The directions which are required to be complied with pursuant to judgment and order dated 10.8.2022 of learned Single Judge in Special Civil Application No.11615 of 2019 read as under,

"9. In light of the clear acquittal of the petitioner by the judgment of a competent Court in the year 2018, and in absence of any record to suggest that the same has been challenged in appeal, the respondents are directed to consider the case of the petitioner for granting of terminal benefits that he was entitled to on the basis of the revised pay commissions post his retirement as if he has retired without any pending criminal and/or departmental proceedings. A decision shall be taken on this, looking to the age of the petitioner being more than 80 years of age, within six weeks from the date of receipt of copy of this order. On such a decision being taken, consequential orders releasing such pensionary benefits shall be passed by the respondents within one week

C/MCA/34/2023 ORDER DATED: 09/02/2023

thereafter."

2. As per above directions, the applicant is required to pay the terminal benefits. He is of 80 years of age, it was stated.

3. Notice was issued in this Miscellaneous Civil Application on 13.1.2023. Today when it comes up for consideration, learned Assistant Government Pleader Mr.Krutik Parikh stated that the process of fixing the terminal benefits and pension of the applicant is at an advanced stage and that necessary pension payment order will be issued within 10 days from today.

4. The above statement satisfies the applicant represented through learned advocate Mr.Nirav Sanghvi.

5. The proceedings are closed in view of the above statement of learned Assistant Government Pleader. Notice is discharged.

Non-compliance of the time limit indicated above shall expose the respondents to contempt proceedings.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) V.J. SATWARA