LAWS(GJH)-2019-3-231

UMIYASHANKER BHULESHWAR JOSHI Vs. COMMISSIONER OF SCHOOL

Decided On March 15, 2019
Umiyashanker Bhuleshwar Joshi Appellant
V/S
Commissioner Of School Respondents

JUDGEMENT

(1.) At the outset, the learned advocate Ms.Mamta Vyas for the petitioners has submitted that the issue is now confined to the payment of interest on the retiral benefits. She has submitted that the order of the tribunal dated 11.05.2007 directing the respondents to pay the pay-scale of higher secondary teacher from December 1981 was not complied since the writ petition being Special Civil Application No.9950 of 2009 was filed by the District Education Officer (D.E.O.) which was rejected. She has also submitted that Letters Patent Appeal No.2367 of 2010 was also rejected on 16.11.2011. She has further submitted that despite there being no stay on the judgment of the tribunal, the petitioner, who was in dire need of money, since he was serious ill, was granted his retiral benefits belatedly on 21.04.2015.

(2.) The present writ petition has been filed seeking direction directing the respondents to comply with the order dated 11.05.2007 passed by the Gujarat Higher Secondary School Services Tribunal which has been confirmed in Special Civil Application No.9950 of 2009 and also in Letters Patent Appeal No.2367 of 2010 and seeking further direction directing the respondents to pay the interest on the amount that may be payable to the petitioner as per the order of the tribunal.

(3.) The brief facts of the case leading to filing of the present writ petition are as under: