Gujarat High Court
Municipal Corporation Junagadh vs Harsukh Dayaljibhai Popat on 21 October, 2021
Bench: Vaibhavi D. Nanavati
C/SA/217/2021 ORDER DATED: 21/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 217 of 2021
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
In R/SECOND APPEAL NO. 217 of 2021
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MUNICIPAL CORPORATION JUNAGADH
Versus
HARSUKH DAYALJIBHAI POPAT
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 21/10/2021
ORAL ORDER
ORDER IN APPEAL:
Heard Mr. H.S. Munshaw, the learned counsel appearing for
the appellant.
The following substantial questions of law arise in this Appeal
for consideration of this Court:
"(A) Whether the respondent who is released
the benefits of first, second and third higher
pay scales while in employment of Junagadh
Municipal Corporation is entitled to the age of
superannuation of 60 years meant for Class IV
employee?
(B) Whether the respondent is entitled to a
benefit of superannuation age of 60 years
C/SA/217/2021 ORDER DATED: 21/10/2021
though he has served as Sanitary Inspector till
the date of his superannuation on 30.9.16?
(C) Whether the impugned Judgment and
Decree are contrary to the provisions of
Gujarat Civil Service Rules, 2002 laying down
superannuation age for Class III employee as of
58 years?
(D) Whether the lower courts are justified in
ordering to reinstate the respondent in service
with full salary, dearness allowance and all
consequential benefits though he has not served
the authority pending the Suit No. 154/16
before the trial court?
(E) Whether the judgment and decree of the
lower court to pay 100 salary, dearness
allowance and consequential benefits without
rendering work would nothing but unjust
enrichment and result into bad precedent?"
The Appeal is admitted.
ORDER IN CIVIL APPLICATION:
Heard Mr. H.S. Munshaw, the learned counsel appearing for
the applicant.
It is submitted by Mr. Munshaw that the respondent (original
plaintiff) was born on 02.09.1958 and was recruited as Conductor
in bus transport department of Junagadh Municipal Corporation-
applicant herein on 12.07.1990. It was further submitted that on
C/SA/217/2021 ORDER DATED: 21/10/2021
closure of the transport department, the respondent was taken in
another department as Class-IV employee on the ground that he
was surplus in the said department. The work on the post of
Sanitary Inspector cannot be termed as Class-IV employee. He
further submitted that the respondent was due to superannuate on
30.09.2016 on the post of Sanitary Inspector. However, the
respondent approached the Court below for for enhancement of the
age of superannuation from 58 years to 60 years for being
considered as a Class-IV employee. According to Mr. Munshaw,
both the Courts below have committed an error in accepting the
submissions of the respondent herein. The respondent was given the
benefits of first and second higher pay scales being equivalent to
the post of Senior Clerk i.e. Class-III employee.
In view of the above submissions, issue Notice returnable on
18.11.2021. It is submitted by Mr. Munshaw that an execution
application being Regular Civil Execution No. 22 of 2019 is
instituted by the respondent.
The executing Court is directed to differ the said application
till the next date of hearing.
The Registry is directed to call for the Record and
Proceedings before the next date of hearing.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J)
Pradhyuman
