Gujarat High Court
State Of Gujarat vs Gujarat Rajya Nivrut Karmachari ... on 28 January, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/LPA/185/2025 ORDER DATED: 28/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 185 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 15160 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 185 of 2025
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STATE OF GUJARAT & ORS.
Versus
GUJARAT RAJYA NIVRUT KARMACHARI SAKHAVATI MAHAMANDAL
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Appearance:
MS SHRUTI DHRUVE, AGP for the Appellant(s) No. 1,2,3
MR AS ASTHAVADI(3698) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 28/01/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) Twice the matter has been called out however, learned advocate Mr.Asthavadi has chosen not to remain present. No one has mentioned on his behalf also.
1. It is an established fact that there are various Writ Petitions filed by numerous employees after the judgment was rendered by the learned Single Judge in Special Civil Application No.10308 of 2021 dated 11.08.2021. It is also not in dispute that in various High Courts of the country, such issue about grant of one increment accruing on 1st July to its employees and who had retired on 30th June, was raised and examined by different High Courts. Ultimately, the Supreme Page 1 of 5 Uploaded by N.V.MEWADA(HC01571) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:09:36 IST 2025 NEUTRAL CITATION C/LPA/185/2025 ORDER DATED: 28/01/2025 undefined Court in the judgment in the case of Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others, dated 11.04.2023, disposed of the Special Leave Petition on identical issue.
2. It appears that thereafter, a review application was filed before the Supreme Court on the very said judgment being Misc. Civil Application (Diary) No.2400 of 2024 in Special Leave Petition (Civil) No.4722 of 2021. By the order dated 06.09.2024, the Supreme Court again clarified with regard to entitlement of one increment to such employees who are similarly situated to the opponent.
3. The Supreme Court has held thus:-
"The issue raised in the present applications requires consideration, insofar as the date of applicability of the judgment dated 11.04.2023 in Civil Appeal No. 2471/2023, titled "Director (Admn. and HR) KPTCL and Others v. C.P. Mundinamani and Others", to third parties is concerned. We are informed that a large number of fresh writ petitions have been filed.
To prevent any further litigation and confusion, by of an interim order we direct that:
(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid.Page 2 of 5 Uploaded by N.V.MEWADA(HC01571) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:09:36 IST 2025
NEUTRAL CITATION C/LPA/185/2025 ORDER DATED: 28/01/2025 undefined
(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, andaccordingly, an enhanced pension by taking one increment would have to be paid.
(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.
(d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No. 3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/impleadment was filed.
This interim order will continue till further orders of this Court. However, no person who has already received an enhanced pension including arrears, will be affected by the directions in (a), (c) and (d)."
4. In the meantime, the State Government, on dismissal of the Special Leave Petition, had also framed policy regulating grant of one increment in line of the order passed by the Supreme Court. However, when the recent order dated 06.09.2024 was passed by the Supreme Court clarifying its earlier order, the State Government has withdrawn the policy.
5. It is also not in dispute that the learned Single Judge as well as the Division Bench have placed reliance on the judgment of the Supreme Court in the case of C.P. Mundinamani (supra) for taking similar view.
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6. In light of subsequent development, the State Government has filed the present Letters Patent Appeal on the order passed by the learned Single Judge. We have noticed that there are numerous Letters Patent Appeals filed either by the State Government or by various bodies of the State Government on the basis of the order passed by the Supreme Court. In fact, in some matters, the learned advocates appearing for the employees have consented for passing orders in Letters Patent Appeals in line of the order dated 06.09.2024 passed by the Supreme Court in the review application in case of C.P. Mundinamani (supra).
7. The aforesaid fact is not denied by the employees that in identical facts and on the similar judgments, this Court has entertained the Letters Patent Appeals. For brevity, we are not inclined to refer to the numbers of such Appeals.
8. Thus, in order to see that uniformity is maintained in all such cases and all the employees are treated at par with the directions issued by the Supreme Court, we are inclined to dispose of the Letters Patent Appeal in conformity with the order dated 06.09.2024 passed by the Supreme Court in Misc. Civil Application (Diary) No.2400 of 2024 in Special Leave Petition (Civil) No.4722 of 2021.
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9. Thus, the present appeal is disposed of in terms of the order passed by the Supreme Court. The date of conferring of the benefit of one increment shall be extended to the employees in light of the aforesaid order.
10. The present appeal is disposed of in the above terms. As a sequel, the connected Civil Application also stands disposed of.
Sd/-
(A. S. SUPEHIA, J) Sd/-
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