Gujarat High Court
Executive Engineer vs State Of Gujarat on 12 October, 2021
Bench: A. P. Thaker
C/LPA/884/2021 ORDER DATED: 12/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 884 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 3319 of 2021
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
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SPECIAL CIVIL APPLICATION NO. 6740 of 2021
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C/LPA/884/2021 ORDER DATED: 12/10/2021
In
SPECIAL CIVIL APPLICATION NO. 3394 of 2021
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R/LETTERS PATENT APPEAL NO. 894 of 2021
In
SPECIAL CIVIL APPLICATION NO. 7931 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 894 of 2021
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SPECIAL CIVIL APPLICATION NO. 7931 of 2019
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R/LETTERS PATENT APPEAL NO. 920 of 2021
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SPECIAL CIVIL APPLICATION NO. 15139 of 2020
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
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R/LETTERS PATENT APPEAL NO. 921 of 2021
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SPECIAL CIVIL APPLICATION NO. 15110 of 2020
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 921 of 2021
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SPECIAL CIVIL APPLICATION NO. 15110 of 2020
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R/LETTERS PATENT APPEAL NO. 922 of 2021
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SPECIAL CIVIL APPLICATION NO. 15120 of 2020
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 922 of 2021
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SPECIAL CIVIL APPLICATION NO. 15120 of 2020
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EXECUTIVE ENGINEER
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PRADIP J PATEL(5896) for the Appellant(s) No. 1,2
for the Respondent(s) No. 2,3,4,5,6,7,8
MR. MANAN MEHTA, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1
MR. DEEPAK DAVE FOR PRIVATE RESPONDENTS
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C/LPA/884/2021 ORDER DATED: 12/10/2021
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE DR. JUSTICE A. P. THAKER
Date : 12/10/2021
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
All the captioned Letters Patent Appeals arise from the common
judgment and order dated 3.9.2021 passed by learned single Judge in
Special Civil Application No. 15110 of 2020 and nine other allied
petitions. The first captioned Letters Patent Appeal is in respect of
Special Civil Application No. 3319 of 2021 and the rest are filed in
respect of the orders which respectively pertain to the other Special Civil
Applications.
1.1 In the facts of the case, all the appeals could be treated for final
disposal by this common order.
1.2 Heard learned advocate Mr. Pradip Patel for the appellants, learned
Assistant Government Pleader Mr. Manan Mehta for respondent No.1
and its authorities, and learned advocate Mr. Deepak Dave for the private
respondents - the original petitioners in all the Special Civil Applications.
3. The petitioners by filling their respective Special Civil
Applications sought pensionary benefits on the basis of entire length of
service from the date of joining till the retirement. Also prayed was for
issuing direction to pay the leave encashment.
3.1 All the petitions came to be allowed in the following terms with the
rider that unless the amount is paid within the stipulated time, it will
entail 6% interest. The directions in para 10 are as under,
" Accordingly, all these petitions are allowed. The respondents are directed to
fix the pension of the petitioners counting the entire service period from the
date of their appointment as daily wager till the date of retirement. The
C/LPA/884/2021 ORDER DATED: 12/10/2021
petitioners are also entitled to all other retirement benefits including benefits
of allowances i.e (i) Transport Allowance, (ii) Travelling Allowance, (iii)
Transfer Travelling Allowance, (iv) Leave Encashment and (v) Leave Travel
Concession and difference of gratuity as may be payable. The entire retirement
dues payable to the petitioners towards pension and other retirement benefits
to be calculated as above and arrears which is required to be paid to the
petitioner and other retirement benefits shall be paid within a period of 12
weeks from the date of receipt of this order."
4. Learned advocate for the appellants assailed the aforesaid
directions on limited ground that though appellants have not been
disputing the grant of retirement benefits and other allowances as per the
aforesaid directions, what is required to be provided is that such benefits
can be available to the employees concerned only in respect of such years
in which they had completed 240 days of continuous service.
4.1 Learned advocate for the respondents original petitioners accepted
the proposition to express his consent on behalf of the petitioners that
such modification in the order may be made. He submitted that it is also
the position of law that the benefits would accrue only in respect of the
years in which continuous service of 240 days is rendered.
5. While recording the consensus of learned advocate on the aforesaid
count, decision in Pratapbhai Raijibhai Baria dated 17.12.2020 in
Special Civil Application No. 19372 of 2018 and allied petitions deserve
mention. In that group of petitions, the petitioners daily rated employees
had prayed for similar benefits on the basis that they had worked
continuously and uninterruptedly. Learned single Judge while allowing
the petition, inter alia clarified in para 13 of the order that the petitioners
would be entitled for all those benefits for the years in which they have
completed 240 days and accordingly the amount shall have to be paid to
the petitioners.
5.1 The above decision in Pratapbhai Raijibhai (supra) came to be
confirmed in Letters Patent Appeal No. 467 of 2021 and other allied
appeals, decided on 22.6.2021.
C/LPA/884/2021 ORDER DATED: 12/10/2021
6. In the above view, all the present Letters Patent Appeals are
disposed of by modifying the directions of learned single Judge in the
impugned judgment and order, in particular contained in para 10, by
clarifying that the benefits accorded and directed to be paid to the
petitioners of retirement dues and others allowances such as Transport
Allowance, Traveling Allowance, Transfer Traveling Allowance, Leave
Encashment and Leave Travel Concession shall be counted and paid in
respect of those years only in which the petitioners - the employees
concerned have completed 240 days of service. The directions of learned
single Judge in all cases shall operate accordingly and with such
qualification.
6.1 Except the above clarification and direction, the impugned
common judgment and order of learned single Judge in all the Special
Civil Applications is sustained.
7. The Appeals are disposed of in the aforesaid terms.
Civil Applications in the respective appeals also stand disposed of.
(N.V.ANJARIA, J)
(DR. A. P. THAKER, J)
C.M. JOSHI
