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D vs State

High Court Of Gujarat|09 January, 2012

JUDGMENT / ORDER

1. By way of interim order, this Court directed that the recovery of the amount paid by the Municipal Corporation to the employees concerned pursuant to its decision dated 3.10.1988 shall not be effected as per the direction of the State Government dated 3.12.1993. This Court has further directed to maintain status-quo till disposal of this petition.
2. The employees as indicated in the statement has been superannuated and no recovery has been affected against them and they have been paid as per the Resolution of the Municipal Corporation. The pension is also fixed as per the last pay drawn.
3. It is submitted that this Court may pass appropriate orders directing the Municipal Corporation and the State Government not to reduce the pension calculated on the basis of last pay drawn and no recovery be effected as regards the arrears.
4. The last pay drawn by the employees, who are in service be protected and continued to be paid and there shall not be any recovery for the past arrears. If the State Government were inclined to reconsider the payment of salary hereafter, it shall be so done only after hearing them.
5. With above observations and directions, the petition stands disposed of with no order as to costs. Rule is made absolute to the aforesaid extent with no order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top
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Title

D vs State

Court

High Court Of Gujarat

JudgmentDate
09 January, 2012