Gujarat High Court
Decd. Kirit Arvindlal Tailor Through ... vs State Of Gujarat on 6 November, 2025
NEUTRAL CITATION
C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9833 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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DECD. KIRIT ARVINDLAL TAILOR THROUGH FATHER ARVINDLAL S.
TAILOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ATIT D THAKORE(5290) for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,2,8
MR HS MUNSHAW(495) for the Respondent(s) No. 2,3
NOTICE SERVED BY DS for the Respondent(s) No. 4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 06/11/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Advocate Mr. Kirit R. Patel waives service of notice of Rule on behalf of respondent No. 3. Learned Assistant Government Pleader, Ms. Forum Sukhadwala waives service of notice of Rule on behalf of Page 1 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025 NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined respondent Nos. 1, 2 and 8. Though served, none appeared for the rest of the respondents. As such their presence not necessary to adjudicate the present writ petition.
2. Heard learned Advocate Mr. Atit D Thakore for the petitioner, learned Advocate Mr. Kirit R. Patel for learned Advocate Mr. H. S. Munshaw for the respondent No.3 and learned Assistant Government Pleader, Ms. Forum Sukhadwala for the respondent Nos. 1, 2 and 8 at length.
3. The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:
"[A] This Hon'ble Court may be pleased to issue appropriate writ, order or direction directing the respondents to make payment of pensionary benefits being pension, gratuity, leave encashment and other consequential benefits as per 5th and 6th Pay Commission scales, of Kirit Arvindlal Tailor, who had expired during the service, on 9/6/2014, to Rajubhai Arvindbhai Tailor, who is younger brother of the deceased, [B] Pending the hearing and final disposal of the petition, this Hon'ble Court may be pleased to direct the respondents to initiate proceedings for making payment of pensionary benefits being pension, gratuity, leave encashment and other consequential benefits as per 5th and 6th Pay Commission scales, of Kirit Arvindlal Tailor, who had expired during the service, on 9/6/2014, Page 2 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025 NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined to Rajubhai Arvindbhai Tailor, who is younger brother of the deceased, with interest @ 12% pa to the petitioner, [C] To grant any such other and further reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the case, [D] To award cost of this petition."
4. SUBMISSIONS OF THE PETITIONER:
4.1. Learned Advocate Mr. Thakore for the petitioner, would submit that the son of the petitioner was working as an Assistant Engineer with Sardar Sarovar Narmada Nigam Limited (hereinafter referred to as "SSNNL") and died during his service on 09/06/2014. It is submitted that, on sad demise of son of petitioner, he being the father, claimed his service benefits by making various representations which are annexed along with this petition. It is further submitted that despite repeated request made by the petitioner, who is by now aged about 85 years, except one communication made by the office of respondent Nos. 2 to 3 dated 12/06/2018, whereby, it sought for necessary information from the office of respondent No. 3, the same appears to have not been complied with till date by respondent No. 3, there is nothing to show that respondents have paid claimed benefits to petitioner. Page 3 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025
NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined 4.2. Learned Advocate Mr. Thakore would respectfully submit that when it is not in dispute that the petitioner herein happens to be the father of the late Kiritbhai Arvindlal Tailor, who was working as an Assistant Engineer in SSNNL and died during his service, the petitioner is entitled to receive all service benefits accrued in favour of his late son. 4.3. Learned Advocate Mr. Thakore would further submit that without any justification and any objection raised by anyone else, the respondents cannot withhold such benefits, but requires to pay the same immediately to the petitioner being an old-age father of employee died during his service. 4.4. Making the above submissions, learned Advocate Mr. Thakore would request this Court that suitable directions be issued to the respondent authorities to decide the case of petitioner at the earliest and release all retirement benefits as prayed in the presented writ petition.
5. SUBMISSIONS OF THE RESPONDENT NO.3:
5.1. Per Contra, learned Advocate Mr. Patel would again request for some time to file reply, which is not granted by this Court as the present writ petition, though filed by the petitioner aged Page 4 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025 NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined about 82 years in the year 2019, by now, the petitioner become 85 years old and it appears from previous orders passed by this Court, respondents were sufficiently accommodated but failed to file their reply.
5.2. Learned Advocate Mr. Patel would submit that some time may be granted to respondent No. 3 to gather all requisite details/information and send it to the appropriate authority for further release of the amount in favour of the petitioner, if he is eligible to receive it.
6. SUBMISSIONS OF THE RESPONDENT NOS. 1, 2 & 8:
6.1. So far as, the State is concerned, learned Assistant Government Pleader Ms. Forum Sukhadwala would submit that as and when information sought from respondent No. 3 received by the competent authority, an appropriate decision will be taken and thereafter, if the petitioner is found eligible, the service benefits of late son of petitioner will be released accordingly.
7. No other and further submissions are being made.
8. Having heard the learned Advocates appearing for the respective parties and after going through the averments made in the present writ petition, not controverted by any of the Page 5 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025 NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined respondents filing their reply, and so much so, after going through documents annexed therewith, prima facie, it appears that the petitioner being old-age person aged about 85 years, lost his son, who was working as an Assistant Engineer in SSNNL on 09/06/2014, but till date, for no reason, the petitioner not received any service benefits as claimed in the present writ petition from the respondent concerned. Further, it appears that except for one letter addressed to respondent No. 3 on 12th June 2018 by the office of respondent No. 2, there is nothing on record to show that any final decision has been taken by the respondent authorities in regards to the release of service benefits in favour of the petitioner herein and so also, no decision has been taken denying such benefits to be given to the petitioner, as the case may be.
9. In the aforesaid facts and circumstances of the case, according to my view, ex-facie the non-action of the respondents in not taking any decision in regards to the request made by the petitioner herein claiming death benefits of service of his son amounts to arbitrariness, which requires to be interfered with by this Court by exercising its powers under Article 226 of the Constitution of India. Once, petitioner has made genuine Page 6 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025 NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined request to release the service benefits on the death of his son who undisputedly died during course of his service, it is legal duty cast upon the respondent authorities to calculate such amount and release such amount-benefits in favour of the petitioner and/or beneficiary of such amount forthwith, but in no case, respondents can take a stand that they will not release the amount for no valid reason in favour of the petitioner.
10. In light of the aforesaid, the following directions are issued:
(i). The respondent No. 3 herein is hereby directed to give the necessary and requisite details to respondent No.2 as sought for by the office of respondent No. 2 pursuant to its letter dated 12th June 2018 (Annexure-H) within a period of 15 days from the date of receipt of the copy of this order.
(ii). Once, such requisite details received from respondent No. 3, the same shall be processed immediately by respondent No. 2 within 15 days thereafter.
(iii). If so required, respondent No.2 and or any competent respondents authority is also directed to calculate such amount - service benefits payable to legal heirs of Page 7 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025 NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined deceased employee within 15 days from aforesaid process.
(iv). When such exercise will be completed by respondents Nos. 2/3, an appropriate decision shall be taken by respondent No. 2 in regards to the release of service benefits as prayed in the present writ petition and appropriate directions in this regard be given to respondent No. 4 herein.
(v). If, respondents herein found the petitioner eligible to receive the service benefits of the late Kirit Arvindlal Tailor, on such retirement benefits as prayed in para-
8(A) of the present writ petition shall be released in favour of the petitioner within 15 days thereafter.
(vi). In any case, all these exercise and benefits if payable to petitioner, without fail, be paid by concern respondents authority on or before 31st December, 2025.
(vii). The respective respondents herein should take note of the aforesaid decisions and comply with it scrupulously without fail, failing which, it is open for the petitioner to initiate contempt proceeding against erring officials of Page 8 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025 NEUTRAL CITATION C/SCA/9833/2019 JUDGMENT DATED: 06/11/2025 undefined the respondent concerned.
(viii). It goes without saying that if ultimately, any decision taken by respondents which adverse to the interest of the petitioner, the petitioner can always file an appropriate application before the appropriate Court challenging such decision including shortfall in the payment/benefits.
11. In view of the foregoing reasons and conclusion, the present writ petition is hereby allowed to the aforesaid extent. Rule is made absolute accordingly.
12. Direct service is permitted.
(MAULIK J.SHELAT,J) NILESH Page 9 of 9 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Nov 06 2025 Downloaded on : Fri Nov 07 00:15:01 IST 2025