LAWS(GJH)-2023-4-1406

BIPINBHAI BHIKHABHAI PATEL Vs. STATE OF GUJARAT

Decided On April 17, 2023
Bipinbhai Bhikhabhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition is filed seeking directions to the respondents to grant pension and other retiral benefits. Along with the above prayer, the petitioner has also prayed to quash and set aside the order dtd. 26/3/2012, under which, the services of the petitioner were put to an end treating him as retired from service.

(2.) The facts referred in the petition are as under:

(3.) Heard Mr. Rathin Raval, learned advocate for the petitioner. He submitted that the petitioner applied for leave to visit USA in the year 2002. As no objection certificate dtd. 11/11/2002 was obtained, the petitioner left for USA on 1/5/2003. He submitted that as the leave application of the petitioner was not decided by the respondents in time, he left for USA on the basis of NOC certificate dtd. 11/11/2002 and therefore, the rejection of his leave application by respondent No.3 is erroneous and deserves to be quashed and set aside.