SOMJIBHAI PALJIBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule returnable forthwith. Mr.Soaham Joshi, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent - State. With consent of the learned advocates, the matter is taken up for final hearing today.

(2.) . The prayers in this petition are two fold. Prayer 8(A) by the petitioner is to direct the respondent authorities to treat the period of suspension of the petitioner from 6/10/2008 to 30/6/2010 as duty period for all purposes including for the purposes of pay and allowances and consequently direct the respondent authorities to make payment of difference of pay and allowances to the petitioner with interest. Prayer (B) is to direct the respondents to grant the benefit of the recommendation of the 6th and 7th Pay Commission and consequently make payment of arrears and allowances and other retirement dues on account of revision of the amount of pension.

(3.) The petitioner is entitled to the benefits of revision of pension on the basis of the 7 th Pay Commission. Such benefits shall be paid to the petitioner within a period of four weeks from the date of receipt of copy of this order. In the event the order is not complied with and the payment is not made, the delay shall entail interest at the rate of 8% till the actual date of payment. The petition is partly allowed. Rule is made absolute to the aforesaid extent.