LAWS(GJH)-2022-6-376

STATE OF GUJARAT Vs. SHASHIKANTA DINDAYAL TUTEJA

Decided On June 22, 2022
STATE OF GUJARAT Appellant
V/S
Shashikanta Dindayal Tuteja Respondents

JUDGEMENT

(1.) This intra court appeal lays a challenge to the order dtd. 15/10/2019 passed in Special Civil Application No.11383 of 2019 where under the learned Single Judge has allowed the petition and directed the respondents to permit the petitioner to switch over to the General Provident Scheme and Pension Scheme on payment of amount of CPF received by the petitioner at the time of retirement.

(2.) We have heard Mr.Chintan Dave, learned Asst. Government Pleader appearing for the State and Ms.Dhara Shah, learned advocate appearing for the respondent.

(3.) The issue involved in this appeal is similar to the issue decided by the Co-ordinate Bench of this Court in Letters Patent Appeal No.86 of 2020 arising out of Special Civil Application No.15059 of 2015 decided on 20/1/2020. Aggrieved by the said order, the appellant preferred SLP (C) No.9615/2020 which came to be dismissed along with Civil Appeal No.9018/2016, Civil Appeal No.531/2017 and SLP (C) Dairy No.39277/2019 by the Hon'ble Apex Court vide order dtd. 17/12/2021 and thereby confirming the view taken by the learned Single Judge as well as the Co-ordinate Bench of this Court. This order has been followed in Letters Patent Appeal No.1020/2021 vide order dtd. 31/1/2022.