NEUTRAL CITATION
C/LPA/1367/2023 ORDER DATED: 10/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1367 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 21475 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 1367 of 2023
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DISTRICT DEVELOPMENT OFFICER
Versus
KANTIBHAI MULABHAI PARMAR
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 1
MR SANJAY UDHWANI, AGP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 10/11/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr.Hemant Munshaw for the appellant District Development Officer.
2. The challenge in this Letters Patent Appeal is directed against common judgment and order dated 2.9.2023 in sofar as it is relatable to decision in Special Civil Application No.21475 of 2022.
3. The crux of the controversy was that the respondent No.1 who retired from service on 30.6.2020 and whose next Page 1 of 3 Downloaded on : Fri Nov 10 21:05:32 IST 2023 NEUTRAL CITATION C/LPA/1367/2023 ORDER DATED: 10/11/2023 undefined increment became due on 1.7.2020, would be said to be entitled to receive increment.
4. Learned single Judge has noticed the law laid down by the Division Bench of this court in State of Gujarat Vs. Takhatsinh Udesinh Songara which was Letters Patent Appeal No.868 of 2021 decided on 27.4.2022. The very issue was dealt with by the Supreme Court in The Director (Admn. and HR) KPTCL & Ors. Vs. C.P.Mundinamani & Ors. which was Civil Appeal No.247 of 2023. The issue is no longer res integra in view of the decision of the Supreme Court in C.P.Mundinamani (supra). Also the Division Bench of this Court in State of Gujarat Vs. Pravinbhai Khemabhai Patel, which was Letters Patent Appeal No.941 of 2023 decided on 7.8.2023, dealt with the same issue.
4.1 Learned single Judge noted the position of law and thereafter directed the petitioner to prefer to make representation to the authorities, further directing the competent authority- the respondent to take decision within eight weeks and it was provided that after the said stipulated period, the petitioner would earn 6% interest on the amount becoming due.
5. As noted above, the issue is already answered by the Supreme Court in favor of the respondent- original petitioner. Learned single Judge has only in that context directed the competent authorities to decide the representation.
6. No ground is made out to interfere with the order as the Page 2 of 3 Downloaded on : Fri Nov 10 21:05:32 IST 2023 NEUTRAL CITATION C/LPA/1367/2023 ORDER DATED: 10/11/2023 undefined reasons supplied by learned single Judge noticing the position of law holding the field in favor of the original petitioner and consequential directions have to be adhered to by the respondents.
7. The Letters Patent Appeal is dismissed.
In view of dismissal of the Appeal, the Civil Application will not survive. Accordingly, it is disposed of.
(N.V.ANJARIA, J) (CHEEKATI MANAVENDRANATH ROY, J) Manshi Page 3 of 3 Downloaded on : Fri Nov 10 21:05:32 IST 2023