Ranjitsinh Zilbha Sarvaiya vs State Of Gujarat
2021 Latest Caselaw 6764 Guj

     C/SCA/2496/2017                                  JUDGMENT DATED: 23/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 2496 of 2017


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                       RANJITSINH ZILBHA SARVAIYA & 2 other(s)
                                       Versus
                           STATE OF GUJARAT & 1 other(s)
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Appearance:
MS SEJAL K MANDAVIA(436) for the Petitioner(s) No. 1,2,3
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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    CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                  Date : 23/06/2021

                                  ORAL JUDGMENT

1. Heard learned advocate Ms. Sejal Mandavia for the petitioners and learned Assistant Government Pleader Mr. Jayneel Parikh for the respondent- State through video conference.

C/SCA/2496/2017 JUDGMENT DATED: 23/06/2021

2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

"(A) This Hon'ble court may be pleased to issue and order, direction and/or writ in the nature of mandamus and/or any other appropriate writ order or direction, directing the respondent authorities to pay the retirement benefits and other monetary petitioners to the petitioners no.1&2 and the Hon'ble court may be further pleased to direct the respondents to pay the benefit which are available under G.R.dated 17-10- 1988 to the petitioner no.3 with 12% interest;

(B) Grant any other relief as the Hon'ble court deems fit and proper in the interest of justice together with costs;"

3. This Court passed the following order on 28.6.2018 :

"1. Heard learned advocate Ms.Sejal Mandavia for the petitioners and learned Assistant Government Pleader Mr.Vishrut Jani for the respondent - State.

2. It is the grievance of the petitioners that they have put in number of years in service, however the length of their services has not been counted for the purpose of granting benefit under Resolution dated 17th October, 1988.

3. As it transpires from the earlier orders dated 15th February, 2017 and 27th April, 2018 passed by this Court, decisions of this Court in Special Civil Application No.810 of 2014 decided on 16th March, 2015 as well as in Special Civil Application No.2931 of 2017 decided on 04th May, 2017, squarely supports

C/SCA/2496/2017 JUDGMENT DATED: 23/06/2021

the case of the petitioners which were the petitions filed by the similarly situated employees.

4. In view of this uncontroverted aspect, Rule, returnable on 27th September, 2018. Learned Assistant Government Pleader Mr.Vishrut Jani waives service of notice of Rule on behalf of respondent - State.

5. By way of interim relief it is directed that the petitioners shall be given the necessary benefits on the basis of the aforesaid decisions in Special Civil Application No.810 of 2014 as well as in Special Civil Application No.2931 of 2017 and the benefits shall be released in favour of the petitioners. As far as petitioner Nos.1 and 2 are concerned who are retired, they shall be paid pension by extending benefits of the Resolution."

4. It appears that the aforesaid order was challenged in Letters Patent Appeal No.1423/2019. The Division Bench had not entertained the appeal against the interlocutory order. The petitioners preferred Contempt petition being Misc. Civil Application No. 1046/2018 which was also disposed of as per the observations and directions made therein vide order dated 21.7.2020 which reads as under :

"Heard learned advocate Mr. Sejal Mandavia for the applicant and learned Assistant Government Pleader Mr. Nikunj Kanara for the respondent State.

2. This contempt application was directed against the order dated 28.6.2018 passed in Special Civil Application No.2496 of 2017.

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3. The said order in its relevant part reads as under:

"Heard learned advocate Ms.SejalMandavia for the petitioners and learned Assistant Government Pleader Mr.Vishrut Jani for the respondent - State.

2. It is the grievance of the petitioners that they have put in number of years in service, however the length of their services has not been counted for the purpose of granting benefit under Resolution dated 17th October, 1988.

3. As it transpires from the earlier orders dated 15th February, 2017 and 27th April, 2018 passed by this Court, decisions of this Court in Special Civil Application No.810 of 2014 decided on 16th March, 2015 as well as in Special Civil Application No.2931 of 2017 decided on 04th May, 2017, squarely supports the case of the petitioners which were the petitions filed by the similarly situated employees.

4. In view of this uncontroverted aspect, Rule, returnable on 27th September, 2018. Learned Assistant Government Pleader Mr.Vishrut Jani waives service of notice of Rule on behalf of respondent - State.

5. By way of interim relief it is directed that the petitioners shall be given the necessary benefits on the basis of the aforesaid decisions in Special Civil Application No.810 of 2014 as well as in Special Civil Application No.2931 of 2017 and the benefits shall be released in favour of the petitioners. As far as petitioner Nos.1 and 2 are concerned who are retired, they shall be paid pension by extending benefits of the Resolution."

3.1 It was stated that the aforementioned order was tested in Letters Patent Appeal No.1423 of 2019 and stood confirmed. It

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transpires from the record that in the present proceedings, order was passed by the Division Bench (Coram: Hon'ble Mr. Justice S. R .Bhrambhatt & Hon'ble Mr. Justice A. P. Thakar) on 17.1.2020, whereby the statement of learned Assistant Government Pleader was recorded that the admissible amount payable pursuant to the order dated 28.6.2018 is quantified to the tune of Rs.23.88 Lakhs, in respect of the three applicants and that the same would be deposited in the Registry of the Court. The Division Bench directed the depositing of the said amount within ten days.

4. It was stated today that pursuant to the above direction by order dated 17.1.2020, the amount of Rs.23.88 Lakhs has been deposited by the respondent concerned and the same is lying with the Registry of this Court.

5. As the amount is deposited which becomes due and payable to the applicants pursuant to the aforementioned order dated 28.6.2018, the element of commission of contempt of the said direction can be said to have been vanished.

5.1 There is no gainsaying that the order dated 28.6.2018 is an interim order and the main Special Civil Application No.2496 of 2018 is still pending to be considered on its final merits. Since the order complained of in the present contempt petition is interim in nature, we are of the view that the purpose would be served if the amount of Rs.23.88 Lakhs deposited with the Registry as above is invested in the Fixed Deposit by the Registry till the final outcome in the main proceedings of the Special Civil Application is obtained. At the same time, it would be permissible for the applicant petitioner to request to get the final hearing of the Special Civil Application concluded expeditiously.

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6. In view of the above, we dispose of the present application by directing the Registry to invest the aforementioned amount of Rs.23.88 Lakhs in the Fixed Deposit with a nationalized bank initially for a period of one year and renewal. Interest which may accrue on the said deposit shall accumulate to be subject to further and final orders which may be passed by this Court in the aforesaid writ petition.

6.1 As observed herein above, the applicant petitioner shall be at liberty to move an appropriate application in the Registry for fixing the early date of final hearing of the Special Civil Application No.2496 of 2017. If such an application is made, we are sure that due regard shall be given thereto.

7. The present application is disposed of as per above observations and directions."

5. It is not in dispute that the petitioners are employees of the respondents and are beneficiaries of the award dated 8th November, 2001 passed by the Industrial Tribunal, Bhavnagar in Reference (I.T.) No.26 of 1996 as modified by this Court vide order dated 8th December, 2011 in Special Civil Application No.7725/2002.

6. This Court in Special Civil Application No.7725/2002 granted the benefits flowing from Government Resolution dated 17.10.1988 to be given taking into consideration the number of days worked by the petitioners.

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7. Accordingly, the petitioners have been partly given the benefits under Government Resolution dated 17.10.1988. However, by this petition, the petitioners have prayed to pay the retiral benefits and other monetary benefits to the petitioners which are available under the Government Resolution dated 17.10.1988 which have been given to the similarly situated workmen who were the petitioners in Special Civil Application No.810/2014, Special Civil Application No. 16904/2015 and Special Civil Application No.7725/2002.

8. From the above facts, it is not in dispute that similarly situated workmen have already been granted the benefits claimed by the petitioners in pursuance of the orders passed by this Court in the aforesaid petitions. Therefore, the petitioners cannot be denied such benefits and are required to be treated at par with similarly situated persons.

9. This Court (Coram : Hon'ble Mr. Justice G.R. Udhwani, As His Lordship was then) passed similar order in Special Civil Application No.2931/2017 on 4.5.2017. Division Bench of this Court in order dated 21.7.2020 passed in Misc. Civil Application No.1046/2018 has observed that amount of Rs. 23.88 lakhs payable pursuant to order dated 28.6.2018 in respect of three petitioners has already been deposited in the

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Registry of the Court and the same is invested in Fixed deposit till final outcome of this petition.

10. In view of above facts, the petition succeeds and the Registry is directed to issue Account Payee cheque of the amount with interest accrued thereon to each of the petitioners as per the calculation to be provided by respondent no.2 out of the principal amount of Rs. 23.88 lakhs deposited by the respondents with the Registry and invested in Fixed deposit as stated here-in-above. Such exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this judgment.

11. The petition is accordingly disposed of. No order as to costs.

Direct service is permitted.

(BHARGAV D. KARIA, J) RAGHUNATH R NAIR