V.R.MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter is notified for final hearing at serial no.1 and the Board shows that it is listed for eighth time before the Court. It is pursuant to an order of the Hon'ble the Acting Chief Justice which is conveyed under the signature of the Registrar (Judicial) dated 26th March 2012 that the matter is placed before this Court. When the matter was called out, learned advocate Ms.Mamta R. Vyas for respondent no.3-Kalol Municipal Borough requested for time. Taking into consideration the fact that a person, who retired from service in the year 2004 and was not paid his retiral dues, more particularly, the pension for which he had to approach this Court by filing Special Civil application No.5038 of 2004, which came to be finally heard and decided by judgment and order dated 27th January 2006, which is the subject matter of this appeal and the appeal reaching final hearing in the year 2012, the request was declined. The learned advocate for respondent no.3 could not make out any justifiable ground for seeking adjournment. Therefore, the matter was taken up for final hearing.

(2.) The learned advocate for the appellant- original petitioner invited attention of the Court to the facts of the case, which are set out in para 3 of the petition. For ready perusal the relevant paras are reproduced hereunder:

(3.) The relief sought for by the appellant- original petitioner in the petition is as under: