STATE OF GUJARAT Vs. BHALCHANDRA LAKSHMISHANKAR DAVE

JUDGEMENT

(1.) Both these appeals being directed against the common judgment passed by learned Single Judge dated 24.08.2016 in Special Civil Application No.15902 of 2015, are heard and decided analogously and are being disposed of by this common judgement.

(2.) The facts are incorporated from Letters Patent Appeal No.399 of 2017, which is filed by the appellant State of Gujarat. In the present Letters Patent Appeal, the State Government has challenged the judgement dated 24.08.2016 passed in Special Civil Application No.15902 of 2015, whereby the learned Single Judge has directed the present appellant - State of Gujarat to grant the provisional pension and provisional gratuity as per the Gujarat Civil Services (Pension) Rules, 2002 (hereinafter to be referred to as the "Pension Rules") while placing reliance on Rule 70(3) of the Gujarat Civil Services (Joining Time, Foreign Service, Deputation out of India, Payment During Suspension, Dismissal and Removal) Rules, 2002 (hereinafter to be referred as the "Suspension Rules"). It is also further observed that ultimately if the appeal is dismissed by the Supreme Court, then the writ-applicant shall be paid 50% of the salary and other allowances for the period between the date of the order of dismissal and the date of attaining the superannuation including other consequential benefits.

(3.) The facts relevant for deciding the present appeals are adumbrated as under: