STATE OF GUJARAT Vs. KIRITKUMAR CHIMANLAL JOSHI

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant - State of Gujarat has challenged judgment and order dtd. 23/10/2018 passed by learned Single Judge in the captioned writ petition. The said writ petition was filed by the respondent herein - original petitioner seeking a writ of mandamus directing the appellant herein to forthwith sanction and pay the pension and all the retirement benefits together with interest @ 18% p.a. from 1/11/2001 on that basis that he has voluntarily retired from service w.e.f. 1/11/2001 or from 31/5/2013 on the basis of superannuation on reaching the age of 58 years on 31/5/2013. Learned Single Judge by the impugned judgment and order accepted the petition of the respondent herein and directed the appellant to forthwith sanction and pay pension and all other retirement benefits to the respondent herein with interest @ 12% p.a. on the basis that the original petitioner had superannuated from service on and from 31/5/2013.

(2.) The short facts arise from the record are as under :-

(3.) Mr. Tirthraj Pandya, learned Assistant Government Pleader appearing for the appellants would submit that learned Single Judge has committed error in directing the appellants to pay pension and all other retirement benefits as if the original petitioner has superannuated on 31/5/2013 though he has never worked with the appellants after 2001. By taking us through various communications, he would submit that the original petitioner was informed that his application for voluntary retirement is not considered. He would further submit that there was no need to issue direction as referred in paragraph 18.2 of the judgment of the learned Single Judge considering the fact that the original petitioner has never continuously worked after 2001 onward till the date of his retirement. He, therefore, would submit that the appeal may be admitted and the order passed by learned Single Judge may be quashed and set aside.