Gujarat High Court
Bhagwanbhai Motibhai Malivad vs State Of Gujarat on 7 January, 2021
Bench: Nirzar S. Desai
C/SCA/15845/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15845 of 2020
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BHAGWANBHAI MOTIBHAI MALIVAD
Versus
STATE OF GUJARAT
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/01/2021
ORAL ORDER
Heard learned advocate Mr. Dipak R. Dave for
the petitioner through video conferencing.
The prayers made in this petition are as
under:
"(A) This Hon'ble Court may be pleased
to issue a writ of Mandamus and / or a
writ in the nature of mandamus and /
or any other appropriate writ, order
or direction to
(I) Hold and declare the action on the
part of the respondents in not
conferring benefits of G.R. dated
17.10.1988 and G.R. dated 15.09.2014
as illegal and may be pleased to
further direct the respondents to
immediately grant benefit of
reinstatement with continuity of
service with 20% backwages until the
date award i.e. 21.07.2009 and to pay
C/SCA/15845/2020 ORDER
full wages after the date of award
till superannuation of the petitioner
i.e. 30.11.2012 by extending benefits
of Government Resolution dated
17.10.1988 and all consequential
benefits to the petitioner until the
date of his retirement and after the
date of retirement, petitioner may be
held entitled to all the retirement
benefits including pension, gratuity,
leave encashment and other retirement
benefits treating the petitioner's
entire service from 1974 until 2012;
(II) hold and declare that the
petitioner is entitled to the benefits
of Government Resolution dated
17.10.1988 after completion of 10
years of service i.e. 1984 and further
may be pleased to direct the
respondents to extend the benefits of
permanent employees including regular
payscale to the petitioner after
2009;
(III) Pending the admission,
hearing and final disposal of this
petition, this Hon'ble Court may be
pleased to direct the respondents to
fix pension of the petitioner;
(IV) Any other and further relief or
reliefs to which this Hon'ble Court
deemed fit, in the interest of
justice; may kindly be granted.
As can be seen from the memo of the petition,
the petitioner was superannuated as back as on
30.11.2012 and therefore, considering the prayers
as prayed in this petition, primafacie this
C/SCA/15845/2020 ORDER
petition suffers from delay and latches.
Mr. Dave submits that, though, the petitioner
is superannuated in the year 2012, the challenge
to the award reinstating the petitioner by way of
Special Civil Application was made and that
Special Civil Application was dismissed in the
year 2014. The petitioner was reinstated with
backwages and though continuity of service was
not mentioned in the order, there are catena of
decisions holding that the petitioner is entitled
for pensionary benefits. He further submits that
in view of the catena of decisions, when a person
is held entitled for pensionary benefits, the
delay would not come in a way to consider the
case of the petitioner, at least for holding him
entitlement for pensionary benefits. He wants to
place on record certain judgments delivered by
this Court as well as the Hon'ble Supreme Court.
Mr. Dave submits that a compilation of those
judgments would be placed on record on or before
21.01.2021.
Stand over to 25.01.2021.
(NIRZAR S. DESAI,J)
Pradhyuman
