Harshaben Madhusudan Jani vs R M Vasava , Superintendent ...
2023 Latest Caselaw 1972 Guj

     C/MCA/110/2023                             ORDER DATED: 01/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 110 of 2023

             In R/LETTERS PATENT APPEAL NO. 174 of 2022

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                    HARSHABEN MADHUSUDAN JANI
                               Versus
               R M VASAVA , SUPERINTENDENT ENGINEER
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Appearance:
MR P C CHAUDHARI(5770) for the Applicant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                       Date : 01/03/2023
                        ORAL ORDER

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

Heard learned advocate Mr. P. C. Chaudhari for the applicant.

2. Following are the directions of the learned Division Bench in judgment and order dated 14.06.2022 in Letters Patent Appeal No. 174 of 2022 which are required to be complied with:

"In view of the above, this Letters Patent Appeal is disposed of by observing that the judgment and order of learned Single Judge which grants the benefit of general provident fund as contemplated in the Government Resolution dated 17.10.1988 would operate. It is further held additionally that the appellant will also be entitled to the benefits of all consequential service benefits under the

C/MCA/110/2023 ORDER DATED: 01/03/2023

Resolution dated 17.10.1988 treating his service continuous. Such benefits depending upon the number of years the appellant may have completed shall be granted and paid to the appellant within eight weeks from today."

3. Learned Assistant Government Pleader Ms. Maithili Mehta made a statement upon instructions that the process to comply with the directions is already afoot and that the approval of the Finance Department is awaited. A further statement was made that the approval would be given within 2 weeks.

4. The above statement satisfies learned advocate Mr. P. C. Chaudhari for the applicant.

5. Since the substantial compliance is obtained the present proceedings are liable to be disposed of.

6. It is however directed that after the approval of the Finance Department, the benefits shall be accorded and paid to the applicant within 4 weeks from today.

7. In view of above statement, the present contempt proceedings is disposed of.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) SHRIJIT PILLAI