Gujarat High Court
Gujarat Water Supply And Sewerage Board vs Chhaganbhai Becharbhai Zala on 15 September, 2025
NEUTRAL CITATION
C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7656 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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GUJARAT WATER SUPPLY AND SEWERAGE BOARD & ANR.
Versus
CHHAGANBHAI BECHARBHAI ZALA & ORS.
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Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1,2
MS ASHLESHA M PATEL(6127) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 15/09/2025
ORAL JUDGMENT
1. The present petition is filed challenging the order passed by the learned Appellate Authority dated 29.01.2025, whereby the learned Appellate Authority set aside the order passed by the learned Controlling Authority in Gratuity Case No.72 of 2023 and directed the learned Controlling Authority to decide the same, keeping in mind two issues with regard to the applicability of GCSR Rule, 2002 and interest on the delay payment of gratuity amount.
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NEUTRAL CITATION C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025 undefined
2. It is the case of the present petitioner that the respondent No.1 was appointed as an Assistant Engineer on 06.02.1990 with the petitioner - Board and was promoted as a Deputy Executive Engineer on 07.04.2003. Respondent No.1 was posted at Anjar, District Kutchh and he was entrusted with the additional charge of Executive Engineer between 01.03.2019 to 08.09.2019. Thereafter, he was given regular promotion on the said post from 12.09.2019 and he was posted at Amreli. Subsequently, he was posted at Jamnagar on 21.03.2002 and retired on attaining the age of superannuation on 30.04.2023. Prior to retirement, he was issued a charge-sheet on 16.03.2023, alleging various irregularities while holding the additional charge of Executive Engineer at Anjar during 01.03.2019 to 08.09.2019. As the charge-sheet was issued before attaining the age of superannuation, he was permitted to retire conditionally and the departmental proceedings was proceeded. At the end of the departmental proceedings, punishment was imposed by forfeiting the gratuity to the tune of Rs.10,00,000/- vide order dated 17.06.2023. Claiming the said amount, an application came to be filed before the learned Controlling Authority with issues relating to the applicability of GCSR Rule, 2002 and the Page 2 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:56:48 IST 2025 NEUTRAL CITATION C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025 undefined entitlement to interest on the delayed payment of gratuity. The learned Controlling Authority, vide its order dated 03.07.2024, rejected the application filed by the present respondent, which was challenged before the learned Appellate Authority by filing a gratuity appeal being Gratuity Appeal No.97 of 2024. The learned Appellate Authority, by the order dated 29.01.2025, allowed the appeal and set aside the order passed by the learned Controlling Authority dated 03.07.2024 and the application was remanded back to the learned Controlling Authority with a direction to decide the issue of applicability of GCSR Rule 2002 and the entitlement to interest on the delayed payment of the Rs.10,00,000/- of gratuity amount, which is the subject matter of challenge before this Court.
3. Heard learned advocate Mr. H. S. Munshaw for the petitioner and the learned advocate Ms. Ashlesha M. Patel for the respondent.
4. Learned advocate Mr. Munshaw submits that the learned Controlling Authority, after considering the submissions made by both parties, has dismissed the application on the ground that in the departmental proceedings, the punishment of forfeiture of Page 3 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:56:48 IST 2025 NEUTRAL CITATION C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025 undefined Rs.10,00,000/- of gratuity amount was imposed and the respondent is not entitled to the amount of Rs.10,00,000/- as well as interest thereon. Learned advocate Mr. Munshaw submits that no error has been made by the learned Appellate Authority, learned Appellate Authority has committed an error in allowing the appeal and remanding it back to the learned Controlling Authority for deciding the issue afresh.
5. On the other hand, learned advocate Ms. Patel has submitted that the learned Controlling Authority did not decide the issue with regard to the applicability of GCSR Rule 2002 and interest on the delayed payment of gratuity. Learned advocate Ms. Patel submits that though the said issue was raised before the learned Controlling Authority, while rejecting the application, it has not given any convincing reasons to that effect and therefore, no error has been committed by the learned Appellate Authority in remanding back the application to the learned Controlling Authority under the Payment of Gratuity Act and to pass a speaking order.
6. Having considered the arguments advanced by the learned advocates for the respective parties, it emerges that the Page 4 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:56:48 IST 2025 NEUTRAL CITATION C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025 undefined respondent was appointed with the petitioner on 06.02.1990 and retired on 30.04.2023, having completed 33 years. Prior to retirement, departmental proceedings were initiated, which was ended with the punishment of forfeiture of gratuity of Rs.10,00,000/-, which was remained unchallenged by the respondent. On referring to the submission made before the learned Controlling Authority by the respondent, it emerges that the amount of Rs.10,00,000/-, which he was entitled to for forfeiture of the gratuity amount, was paid on 04.10.2023, though he was entitled for it on 01.06.2023. This refers to the completion of 30 days from the date of retirement. Along with the claim of interest, the respondent has also raised a dispute with regard to the applicability of GCSR Rule, 2002. It emerges from the record that while rejecting the application under the Payment of Gratuity Act, vide order dated 03.07.2024, the learned Controlling Authority has not given any reasons dealing with the submissions over the issue of interest as well as the applicability of GCSR Rule, 2002. The learned Controlling Authority, while adjudicating the appeal, has framed two main issues with regard to the applicability of GCSR Rule, 2002 and the entitlement to interest for the delayed payment of gratuity of Page 5 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:56:48 IST 2025 NEUTRAL CITATION C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025 undefined Rs.10,00,000/- and thereafter directed the learned Controlling Authority to pass a speaking order and thereby remanded back the same to the learned Controlling Authority. In the considered opinion of the Court, as no reasons are assigned by the learned Controlling Authority while rejecting the application under the Payment of Gratuity Act, the learned Appellate Authority is justifying in remanding it back to the learned Controlling Authority to decide two main issues, which is referred hereinabove and to pass a speaking order. This Court did not find any infirmity in the impugned order; hence the present petition is deserved to be dismissed.
7. Resultantly, the present petition is dismissed. It is directed to the learned Controlling Authority to decide the application as directed by the learned Appellate Authority within a period of 4 months from the date of receipt of this order.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 6 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:56:48 IST 2025