Executive Engineer vs State Of Gujarat
2021 Latest Caselaw 6880 Guj

    C/LPA/489/2021                             ORDER DATED: 24/06/2021



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/LETTERS PATENT APPEAL NO. 489 of 2021
     In R/SPECIAL CIVIL APPLICATION NO. 11642 of 2020
                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
        In R/LETTERS PATENT APPEAL NO. 489 of 2021
===============================================
                        EXECUTIVE ENGINEER
                              Versus
                         STATE OF GUJARAT
===============================================
Appearance:
MR PRADIP J PATEL(5896) for the Appellant(s) No. 1,2
for the Respondent(s) No. 2
Mr. Dhavan Jaiswal Asst. GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 3,4,5
===============================================
CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
        and
        HONOURABLE MR. JUSTICE NIRZAR S. DESAI
                  Date : 24/06/2021
                    ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1.0. Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge (Coram: Hon'ble Mr. Justice Ashutosh J Shashtri) in Special Civil Application No.11642 of 2020 dated 10.12.2020, the appellant -authority has preferred this appeal under Clause 15 of the Letters Patent.

2.0. Heard Mr. Pradip Patel, learned advocate for the appellant, Mr. Deepak Dave, learned advocate for the respondent nos. 3 to 5 and Mr. Dhavan Jaiswal, learned Assistant Government Pleader of the respondent State.

3.0. The private respondents herein original writ

C/LPA/489/2021 ORDER DATED: 24/06/2021

petitioners preferred writ petition under Article 226 of the Constitution of India and prayed for an appropriate writ, order or direction directing the authorities to make payment of pensionary benefits to the original writ petitioners and also further directing the respondent authorities to fix the pension of the original petitioner nos. 1 and 2 and husband of the petitioner no.3 by counting their service as prayed for in para 6(A) of the petition. The original writ petitioners also prayed for appropriate directions to pay all other retiral benefits including benefit of leave encashment and difference of gratuity as well as to pay difference of pensionary benefits with 18% interest. The learned Single Judge after relying upon identical case decided by it was pleased to allow the writ petition and same is impugned in this appeal.

4.0. At this stage, it deserves to be noted that issue involved in this appeal is covered by the judgment of the learned Single Judge rendered in Special Civil Application No.627 of 2020 and allied matters. It is matter of fact that said common judgment and order came to be challenged by the authorities by way of filing Letters Patent Appeal No.467 of 2021 and other allied appeal, which have been dismissed by this Court.

5.0. In view of the aforesaid, appropriate reference be made to the order passed by this Court in Letters Patent

C/LPA/489/2021 ORDER DATED: 24/06/2021

Appeal No. 467 of 2021, issued involved in this appeal is squarely covered by the aforesaid judgment rendered by this Court as well as Coordinate Bench of this Court in Letters Patent Appeal No. 350 of 2021 and 351 of 2021. This appeal also deserves to be dismissed on the same terms and accordingly appeal is dismissed on the same terms. However, there shall be no order as to costs.

(R.M.CHHAYA, J)

(NIRZAR S. DESAI,J) KAUSHIK J. RATHOD