B.G.TUNDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard learned advocates appearing for the parties.

(2.) THIS intra -court Letters Patent Appeal has been filed challenging the order dated 08.11.2006 passed by the learned Single Judge in Special Civil Application No. 4223 of 1996 whereby the learned Single Judge dismissed the writ petition.

(3.) LEARNED advocate appearing for the appellants submitted that the learned Single Judge seriously erred in accepting the case of the respondents that the order of compulsory retirement had been withdrawn on a request made by the deceased employee vide application dated 27.08.1989. He submitted that the learned Single Judge ought to have considered that the order of compulsory retirement was withdrawn by order dated 25.01.1995 whereas the deceased employee had attained the age of superannuation on 31.07.1994. He submitted that the learned Single Judge erred in coming to the conclusion that the deceased employee cannot be permitted to take advantage subsequently and pray for backwages.