Deenaben D/O Shankerlal ... vs Managing Director
2021 Latest Caselaw 18278 Guj

      C/SCA/17741/2019                                ORDER DATED: 09/12/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 17741 of 2019
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                 DEENABEN D/O SHANKERLAL SURYAVANSHI
                                Versus
                         MANAGING DIRECTOR
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Appearance:
MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1
MR ADITYASINH JADEJA, AGP (1) for the Respondent(s) No. 2,3
MS HARSHAL N PANDYA(3141) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 09/12/2021
                       ORAL ORDER

1. At the outset, learned advocate Mr.Tejas Satta has submitted that if the direction is issued to examine the case of the petitioner in light of the order dated 26.08.2019 passed in Special Civil Application No.21018 of 2017, the grievance of the petitioner at this stage would be satisfied.

2. Learned advocate Mr.Satta for the petitioner has submitted that the issue is squarely covered by the decision of the Division Bench of this Court vide common order dated 28.02.2017 rendered in Letters Patent Appeal No. 307 of 2017 and allied matters.

2.1 He has submitted that the petitioner is claiming the benefits of pension as he has already completed the qualifying years of service 10 years as envisaged in the relevant rules. He has submitted that the Division Bench of this Court, after examining the relevant rules as well as similar controversies, has passed an order in this regard. He has submitted that all the orders have been accepted and no appeal has been filed by the petitioner.

3. Learned advocate Ms.Harshal Pandya for the respondent No.1 has submitted that the authority may be directed to consider the case of the petitioner since the service record is required to be verified.

C/SCA/17741/2019 ORDER DATED: 09/12/2021

4. Learned Assistant Government Pleader for the respondent authorities has submitted that appropriate orders shall be passed conferring the retiral benefits as envisaged by the judgments rendered by the Division Bench of this Court in various matters after the examination of his case.

5. Under the circumstances, the respondent - State is hereby directed to examine the case of each of the petitioner in consultation with the respondents Gujarat Water Resources Development Corporation and Ahmedabad District Panchayat. If it is found that the petitioners are fulfilling the parameters laid down by the Division Bench of this court in the common order dated 28.02.2017 rendered in Letters Patent Appeal No. 307 of 2017 and are similarly situated to them, appropriate benefits shall be conferred to them per the Division Bench judgment. The entire exercise shall be carried out within a period of four (4) months from the date of receipt of the writ of this order.

6. Learned advocate Mr.Satta has submitted that in the cases of the widows, the State Authorities have already passed the orders but the same are not implemented.

7. It is hereby clarified that the State Authority shall also examine the case of the petitioner in consultation with the respondent-Corporation and Panchayat and pass necessary orders. In case, the order is already passed, the same shall be implemented in the aforesaid period. Necessary decisions shall be communicated to the petitioner as well as to the concerned authority, with whom the State Government is required to be consulted. In case, any adverse order is passed, it will be always open for the petitioner to approach this Court by way of filing appropriate proceedings.

(A. S. SUPEHIA, J) ABHISHEK/59