NINA RAJ LAKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment granted.

(2.) By way of this petition, the petitioner has challenged the communication dtd. 27/1/2017 by virtue of which, on the petitioner having retired voluntarily the order of voluntary retirement being conditional on the ground that whatever the benefits the petitioner has earned by way of recommendations of the Tiku Pay Commission shall have to be refunded, on retirement the petitioner received pensionary benefits minus the amount that the petitioner had earned by way of higher pay scales granted to him pursuant to the Tiku Pay Commission recommendations.

(3.) The issue of the government resolution dtd. 11/5/2001 which is referred to in the order dtd. 27/10/2017 was a subject matter of challenge before this court in Special Civil Application No. 568 of 2018. This court by order dtd. 22/1/2018 considering the earlier decision of this court in Special Civil Application No. 12033 of 2014 and interpreting the resolution of 11/5/2001 held as under: