Gujarat High Court
The Chief Works Manager vs Shilaben Wd/O Shankarbhai Nanabhai ... on 9 July, 2025
NEUTRAL CITATION
C/SCA/21155/2019 ORDER DATED: 09/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21155 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 21153 of 2019
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THE CHIEF WORKS MANAGER
Versus
SHILABEN WD/O SHANKARBHAI NANABHAI BARIA (HARIJAN) AND
GUARDIAN OF MINOR NIRALI, ISHA AND PRIYA & ORS.
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Appearance:
MS ARCHANA U AMIN(2462) for the Petitioner(s) No. 1
MR MS TRIVEDI(939) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4,6,7
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 09/07/2025
COMMON ORAL ORDER
1. Heard learned advocate Ms. Archana U. Amin for the petitioner and learned advocate Mr. M.S. Trivedi for the respondent No.1. Though notice of this Court served upon the respondent Nos.2, 3, 4, 6 and 7, they have choosen to remain absent. Perused the record.
2. The present petitions are filed by the petitioners under Article 227 of the Constitution of India for quashing and setting aside the impugned judgment and order at Annexture `A' contained in direction No.5 with respect to payment of interest and also prayed to modify the direction Page 1 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined No.6 enabling the petitioners to recover the actual amount of dues.
3. With the consent of learned advocates appearing for respective parties, petition is taken up for final hearing today.
4. The short facts arising from the record are as under :-
* The original applicant - present respondent No.1 filed Civil Misc. Application No.10 of 2013 for appointment of Guardian of minor children and Civil Misc. Application No.25 of 2018 for obtaining Succession Certificate of the movable properties of deceased Shankarbhai Nanabhai Baraiya, (Harijan) before the learned Principal District Judge, Dahod.
The applicant's case was that deceased Shankarbhai was working as a Fitter Grade-III in Loco workshop, Freeland Gunj, Dahod and he died on 16-02-2013 leaving behind the present applicant as wife, original opponent No.1 being mother of deceased and three minor daughters, namely;Page 2 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025
NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined Nirali, Isha and Priya. Minor daughters Nirali and Isha are staying with opponent No.1 - mother, and minor daughter Priya was residing with original applicant No.1 applicant -
mother. Application was filed by the wife claiming benefits like salary, pension, insurance fund & provident fund, etc. with interest from the Railway Authorities on 25-02-2013.
The opponent No.5, Vanitaben claimed to be the 2 nd wife of deceased Shankarbhai also filed an application dated 7.3.2013 seeking benefits like salary, pension, insurance fund & provident fund, etc. with interest from the Railway Authorities. Since there was a dispute with regard to the entitlement of the benefits from railway authorities, the applicant was asked to get a certificate of succession together with an order of guardianship from the competent Court. Resultantly, aforesaid two applications came to be filed by applicants. Upon service of notice of both the proceedings, opponents appeared and filed their respective written statements.
* The applicant examined herself at exhibit 56 in Civil Page 3 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined Misc. Application No.25 of 2018 and at exhibit 29 in Civil Misc. Application No.10 of 2013. Opponent Nos.1 and 2 also led their respective oral evidences at exhibit 46 and 115 respectively. Opponent also examined witness Rameelaben Rajeshbhai at exhibit 48. Opponent No.4 railway authorities also produced documentary evidence such as nomination form for PF, GIS and DCRG, application of Shilaben Shankarbhai at exhibit 88 and the calculation sheet of benefit of late Shankar Bhai at exhibit 120. Railway authorities also examined one Officer Mr. Amar Singh Sagar at exhibit 86.
* After considering the evidence on record, the learned Principal District Judge partly allowed both the applications. Relevant portion of the order is reproduced hereunder:
"2. Applicant Shilaben, widow of Shankarbhai Nanabhai Baria (Harijan) is declared as guardian of minor Priya, daughter of Shankarbhai Nanabhai Baria (Harijan) and opponent No.1 Gangaben Nanabhai Baria (Harijan) is declared as guardian of opponent No.2 minor Nirali, daughter of Shankarbhai Nanabhai Baria (Harijan) and opponent No.3 minor Isha, daughter of Shankarbhai Nanabhai Baria (Harijan).Page 4 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025
NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined
3. The Railway Department (opponent No.4) is directed to give regularly monthly pension, as per the Railway Services (Pension) Rules, 1993, in the name of applicant Shilaben, widow of Shankarbhai Nanabhai Baria (Harijan) only and from such amount of monthly pension, applicant Shilaben will give in equal portion, to opponent No.2 Nirali, opponent No.3 Isha and Priya and thereby, there will be four parts of pension of deceased Shankarbhai, however, amount of monthly pension shall be credited in the account of applicant Shilaben only.
4. From all consequential benefits including pension, arrears of pension, leave salary, gratuity and others, the Railway Department will give in equal portion to applicant Shilaben, Priya, opponent No.1 Gangaben, opponent No.2 Nirali and opponent No.3 Isha and the cheques including the share of minors will be issued in the name of respective guardians.
5. The Railway Department is directed to give all the consequential benefits with the pension with interest at the rate of 7% p.a. within two months from the date of this Judgment, failing which, interest at the rate of 9% p.a. shall be given on such amount of arrears.
6. The Railway Department is entitled to recover the arrears of rent of Rs.3,02,019/ (Rupees Three Lakh Two Thousand and Nineteen Only) from the arrears of consequential benefits by way of deducting 50% from the arrears of applicant Shilaben and 50% from the arrears of opponent No.1 Gangaben.
7. Succession Certificate be issued by the Office accordingly. 50% charge of stamp paper be paid by the applicant Shilaben and 50% to be paid by the opponent No.1.
8. A copy of this Judgment be sent to the Page 5 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined Railway Authority for immediate compliance and on expiry of two months, the Railway Department shall submit compliance report in writing in respect of direction, given by this Court in this judgment.
9. The claim of rest of the opponents stand dismissed with no costs.
10. A copy of this judgment be given to the applicant and all opponents free of cost for one time on demand.
11. This Judgment be circulated to all appellate Judges of this District for kind knowledge."
* Being agrrieved and dissatisfied with the granting of interest at the rate of 7% per annum, applicant and opponent Nos.1, 2, 3 on all consequential benefits and the direction that an arrears of rent of Rs.3,02,019/- to be recovered from the arrears of consequential benefits by deducting 50% from the arrears of applicant Shilaben and 50% from the arrears of opponent No.1 - Gangaben, the railway authorities have filed this petition.
5. Learned advocate Ms. Archana U. Amin for the petitioner submitted that upon death of Shankarbhai Nanabhai Baraiya, railway authorities were in the process of Page 6 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined preparing the settlement dues as claimed by opponent No.1 - Shilaben, however since there was a dispute between Shilaben and the original opponent No.5 Vanitaben, who claimed to be the second wife of deceased, the railway authorities did not make the payment and waited the applicant to bring up necessary orders from the competent Civil Court for the guardianship of minor daughters as well as a succession certificate. It is further contended that during the pendency of the application, upon the request of opponent No.1, Vanitaben was sought to be deleted from the array of parties and vide order dated 4-5-2019, Vanitaben was deleted from the array of parties.
6. It is also contended that the learned trial Court has wrongly and illegally fastened a liability of 7% interest upon railway authorities. It is further contended that the railway authorities at no point of time denied the payment of legitimate dues of deceased Shankarbhai. There was no fault on the part of Railway Administrator of Railway Page 7 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined Authorities was already ready and willing to discharge its duties but because of the litigation between the heirs of deceased Shankarbhai, the amount could not be disbursed by railway authorities. It is further contended that the quarter was allotted to Shankarbhai during his service tenure, however, after the death of Shankerbhai - opponent No.1 retained possession of quarter and, therefore, the railway authorities are entitlted to recover Rs.3,02,019/- by way of arrears of rent. The deduction of aforesaid amount from the amount of benefits is against the Rules and Byelaws of the Railway Authorities and the amount of arrears of rent cannot be adjusted towards the benefits to be granted to the applicant as per Rules of Railways. The quarter which was allotted to Shankarbhai is not a subject matter of the service benefits post death.
7. Per contra, learned advocate for respondent Nos.2 to 4 has supported the judgment and order and submitted that though railway authorities have admitted that they were under the process of disbursing the settlement dues, Page 8 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined because of the dispute amongst the heirs of deceased, railway authorities did not make the payment. The railway authorities upon knowing the fact, a dispute has been created amongst the heirs of the deceased ought to have deposited the amount of benefits before the learned District Court and could have absolved themselves from the liability to pay interest. Had this amount been deposited before the learend District Court, the said amount could have fetched the interest by investing the amount in Fixed Deposit. In absence of any contrary material being pointed out by learned advocate for the appellant, no intereference is required in finding of fact.
8. I have considered the submissions of learned advocates for the respective parties and perused the record.
9. It appears that upon death of Shankarbhai, applicant who is wife of deceased gave an application on 25.2.2013 seeking retiral benefits of the deceased as mentioned hereinabove. It appears from the order that a nomination form was filled Page 9 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined in by the deceased wherein the name of applicant Shilaben was mentioned but on 8.12.2011, late Shankarbhai had applied for issuance of medical identity card, wherein, in the column names of family members, name of Vanitaben is shown as wife. It appears that Vanitaben - original opponent No.5 is claiming to be the 2 nd wife of deceased Shankarbhai, however, during the pendency of the proceedings, upon the application moved by opponent Nos.1 to 3, Vanitaben was deleted from the array of parties. No evidence is on record whereby it can be said that Vanitaben is 2nd wife of deceased. The question under consideration before this Court is with regard to the settlement of liability of interest upon the appellant and a direction to recover the arrears of rent from the consequential benefits to be paid to the applicant and opponent Nos.1 to 3.
10. Admittedly, there is no dispute raised by the railway authorities with regard to non-entitlement of consequential benefits pursuant to the death of Shankarbhai. The only Page 10 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined defence which has been taken by the appellant is that because of the dispute amongst the heirs of deceased Shankarbhai, the amount of benefits was not paid to its rightful owner.
11. The railway authorities faulted in waiting for the outcome of the dispute of entitlement of benefits. The railway authorities could have deposited the amount of benefits before the learned District Court so that future interest liability could be avoided. Had the amount been deposited before the learned District Court, the said amount could have been invested in Fixed Deposit and the rightful claimant would not have suffered loss of interest. The learned District Court has adopted a reasonable approach in awarding interest @ 7% per annum if consequential benefits are not paid within 2 months from the date of order. In case of failure on the part of appellant, interest @ 9% per annum be paid to applicants on the amount of arrears. The findings recorded by learned District Court on granting of interest does not require any interference. Page 11 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025
NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined However, the granting of 9% interest per annum on failure to pay the consequential benefits is required to be set aside and the appellant shall pay 7% interest per annum on the consequential benefits as per the orders passed by the learned District Court.
12. The undisputed fact which is surfacing on record is that despite the fact that the quarter was allotted to Shankarbhai during tenure of his service, had been retained by the heirs of the deceased without any justification and without any legal right. However, railway authorities have failed to initiate any proceedings for either recovery of arrears of rent or for possession of the quarter. However, to meet with the ends of justice, learned District Court has rightly ordered Railway Authorities to recover arrears of rent of Rs.3,02,019/- from the arrears of consequential benefits by way of deduction of 50% from arrears of applicant Shilaben and 50% from the arrears of opponent No.1 - Gangaben. No intereference is required in such finding, more particulary when no material could be Page 12 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025 NEUTRAL CITATION C/SCA/21155/2019 ORDER DATED: 09/07/2025 undefined pointed out by learned advocate for the appellant whereby the direction of recovery of arrears of rent from the arrears of consequential benefits be disturbed.
13. Resultantly, both these petitions are partly allowed.
Thereby, the impugned judgment and order is modified to the extent that the order of interest to be paid @ 9% on consequential benefits with the pension is hereby quashed and set aside. Rest of the impugned judgment and order remained unaltered. No order as to costs.
(D. M. DESAI,J) vk Page 13 of 13 Uploaded by VATSAL S. KOTECHA(HC00352) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:12:12 IST 2025