B T TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned AGP Mr L R Pujari seeks permission to make necessary grammatical corrections in para 6 of the further additional affidavit affirmed by A. H. Mansuri, Under Secretary to Government of Gujarat, Health and Family Welfare Department, Sachivalaya, Gandhinagar. Permission is granted.

(2.) This Court is not able to restrain itself from observing right at the outset that the appellant- original petitioner, who incidentally happens to be a retired I.A.S. officer is before this Court advancing a thoroughly dishonest plea of 'not having received the amount deducted from his honorarium though a resolution was passed for the same.'

(3.) The controversy could have been placed at rest right at the stage of admission of the petition by saying that, 'it involves disputed question of fact', namely, whether the amount if any, deducted from the honorarium on account of the petitioner receiving pension is paid or not is a pure question of fact. But then the petition must have been entertained with a view to see that instead of driving a petitioner who happens to be not only a retired IAS officer but also a retired Vice Chancellor of Gujarat Ayurved University, if really required to be paid something, he need not be driven to Civil Court for filing a Civil Suit. In that case, then he would be waiting for his retiral dues, which could have been received only after a decree passed in the Civil Suit attains finality. This This is borne out from the order of the learned Single Judge. For ready perusal order of the learned Single Judge is reproduced hereunder: