State Of Gujarat vs Takhatsinh Udesinh Songara
2021 Latest Caselaw 15758 Guj

       C/LPA/868/2021                                   ORDER DATED: 06/10/2021


             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 868 of 2021
            In R/SPECIAL CIVIL APPLICATION NO. 10308 of 2021

                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                In R/LETTERS PATENT APPEAL NO. 868 of 2021
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                             STATE OF GUJARAT
                                   Versus
                        TAKHATSINH UDESINH SONGARA
==========================================================
Appearance:
GOVERNMENT PLEADER(1) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE DR. JUSTICE A. P. THAKER

                            Date : 06/10/2021

                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned Assistant Government Pleader Mr.Manan Mehta for the appellant - State.

2. In the assail of the order of the learned Single Judge in this Letters Patent Appeal, the issue involved is whether an employee who retires on 30th June but the next increment becomes due on 01st July, then in such eventualities retiring employee would be entitled to the increment.

3. On the basis of the decision of the Madras High Court in P. Ayyamperumal v. The Registrar being Writ Petition No.15732 of 2017 decided on 15th September, 2017, learned Single Judge has held in favour of the government servant that he shall be entitled increment falling due on 01st July even though he had retired on 30th June.

C/LPA/868/2021 ORDER DATED: 06/10/2021

4. Learned Assistant Government Pleader submits to distinguish the decision of the Madras High Court juxtaposing the same with Rule 39(1) of Gujarat Civil Services Pay Rules, 2002, which specifically denies such benefits once the employee has retired.

5. Notice, returnable on 25th November, 2021.

Operation and implementation of the judgment of the learned Single Judge extending the benefit of increment to respondent No.1 shall remain stayed.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) ANUP