LAWS(GJH)-2020-8-20

GIRDHARBHAI JIVRAJBHAI PATADIA Vs. AMRENDRA KUMAR RAKESH

Decided On August 04, 2020
Girdharbhai Jivrajbhai Patadia Appellant
V/S
Amrendra Kumar Rakesh Respondents

JUDGEMENT

(1.) This is an application preferred under Article 226 of the Constitution of India for the Contempt of Courts Act , 1971 on account of non-compliance of the directions issued by this Court in Special Civil Application No.15607 of 2016, vide its order dated 06.02.2019.

(2.) The petitioner has prayed for grant of retiral benefits after rendering service for more than 30 years, as a driver on the ground that he was not appointed on a sanctioned post for grant of pensionary benefits. Aggrieved by such inaction on the part of the opponents, he has approached this Court by way of Special Civil Application No. 15607 of 2016. Learned Single Judge, after availing opportunities to the parties, dismissed the petition on 02.05.2020.

(3.) Aggrieved and dissatisfied by the order, he has approached the Division Bench of this Court by preferring Letters Patent Appeal No.624 of 2018, which came up for hearing on 06.02.2018 and the Court quashed and set aside the order of the learned Single judge, holding him entitled to the grant of pensionary benefits, gratuity and other benefits. Vide its judgment and order dated 06.02.2019 relevant operative order requires reproduction:-