STATE OF GUJARAT Vs. KHIMJIBHAI KANJIBHAI BALAT - IAS

JUDGEMENT

(1.) By way of the present Letters Patent Appeal under clause 15 of the Letters Patent Act, the appellants- State of Gujarat has challenged an order dated 30/08/2017 passed by learned Single Judge in Special Civil Application No.20105 of 2015. The petition, which was filed by the present respondent came to be allowed by passing following operative order, which reads as under:

(2.) Short facts arise from the records are as under :-

(3.) Mr. Trupesh Kathiriya, learned Assistant Government Pleader appearing for the appellants, by relying upon Rule 6(2) of All Indian Services (Death-cum-retirement benefits) Rules,1958, would submit that the respondent was not entitled for gratuity and therefore, learned Single Judge has committed an error in holding that the authority was supposed to pay entire amount even though he was facing departmental inquiry.