Akhil Gujarat University And ... vs State Of Gujarat
2021 Latest Caselaw 10623 Guj

      C/SCA/5279/2019                                   IA ORDER DATED: 04/08/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           MISC. CIVIL APPLICATION (FOR RECALL) NO. 1 of 2021
             In R/SPECIAL CIVIL APPLICATION NO. 5279 of 2019
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STATE OF GUJARAT Versus AKHIL GUJARAT UNIVERSITY AND COLLEGE PENSIONER SAMAJ THROUGH ITS PRESIDENT SHRI RAMESHCHANDRA JASH ========================================================== Appearance:

MS MANISHA LAVKUMAR, GOVERNMENT PLEADER ASSISTED BY MS AISHWARYA GUPTA, MR MEET THAKKAR AND MS SHRUTI PATHAK, AGPs for the PETITIONER(s) No. ==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH and HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date : 04/08/2021 IA ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. Heard Ms.Manisha Lavkumar, learned Government Pleader assisted by Ms.Aishwarya Gupta, Ms.Shruti Pathak and Shri Meet Thakkar, learned Assistant Government Pleaders for the State applicants.

2. By means of this application, the State of Gujarat has prayed for recalling the judgment and order dated 10.07.2019 to the extent whereby the State authorities have been directed to pay interest at the rate of 6% per annum as well as awarding costs of Rs.5,000/- to each of the pensioners. In the alternative, it has been prayed that time to comply with the directions issued vide judgment and order dated 10.07.2019 be extended for a further period of six months and lastly, it is prayed that in the meantime the execution, implementation and operation of the oral order dated

C/SCA/5279/2019 IA ORDER DATED: 04/08/2021

10.07.2019 to the aforesaid extent of awarding interest and costs be stayed during the pendency of this application.

3. Ms.Lavkumar, learned Government Pleader referring to paragraph 4 (on page 18) submitted that in principle the Government has accepted the judgment and order dated 10.07.2019 and has already issued a Government Resolution dated 09.03.2020 through the Finance Department, a copy whereof is filed as Annexure-K. The affidavit further states that the details of the pensioners who have become entitled to such benefits have been enlisted and upon verification of the necessary papers, the principal amount in the nature of arrears of revised pension would be paid. However, it is the interest at the rate of 6% per annum with effect from 01.01.2006 till actual date of payment is concerned and the costs of Rs.5,000/- per pensioner which is not warranted otherwise, and would also be a huge burden on the State Exchequer, may be recalled. It is further submitted that despite the fact that the Government has accepted the judgment and the arrears of pension have been paid to all those who have completed the formalities and no bills are pending at the level of the Government departments, the petitioners have moved a Contempt Application. As such, it is prayed that some interim protection be provided.

4. Prima facie case for consideration of this application is made out.

5. Let Notices be issued to opposite party Nos.1 and 2 only who are the original writ petitioners, returnable after four weeks i.e. on 13.09.2021. Insofar as opposite party Nos.3 to

C/SCA/5279/2019 IA ORDER DATED: 04/08/2021

108 are concerned, we are not issuing notices as the Association is representing all the pensioners of Akil Gujarat University and College Retired Teachers.

6. Considering the fact that the State has already substantially complied with the directions contained in the judgment and order dated 10.07.2019 and all the pensioners are getting the revised pension, as an interim measure we suspend the directions contained in paragraph 16 to the extent it directs for interest at the rate of 6% per annum from the date they became entitled to till the date of actual payment and also the costs of Rs.5,000/- to be paid to each individual petitioner in the meantime.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) GAURAV J THAKER