DIRECTOR Vs. SHETH KIRANKUMAR KRUSHNADASSHETH KIRANKUMAR KRUSHNADAS

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by original respondent nos. 3 and 4 assailing the correctness of the judgment and order dtd. 2/5/2022 passed by the learned Single Judge in Special Civil Application No. 10072 of 2021.

(2.) The prayer made in the writ petition before the learned Single Judge by respondent no. 1 - original petitioner was to pay forthwith the pension and retirement benefits to the petitioner as per Government Resolution dtd. 21/8/2015 read with Government Resolution dtd. 17/10/1988 read with Government Resolution dtd. 17/9/2004. It was further prayed to direct the respondents to grant benefits of higher grade pay-scale in accordance with the Government Resolution dtd. 26/10/2015 read with Government Resolution dtd. 17/10/1988.

(3.) The learned Single Judge held that the petitioner was entitled to the relief to the extent that the pension and gratuity and other retirement benefits of the petitioner is to be counted on the same basis as was granted to the other similarly situated employee i.e. Mrs. Premilaben Patel. The learned Single Judge has also held that the petitioner would be entitled to benefit of higher pay-scale in accordance with the Government Resolution dtd. 26/10/2015 read with Government Resolution dtd. 17/10/1988. It was further directed that all the benefits from his retirement shall be paid along with 6% interest from the date of his retirement. It was also observed that pension shall be paid from the date of his initial appointment. It was further observed that all the arrears was to be paid within ten days. Thus, it is this direction which is challenged in the present Letters Patent Appeal.