Gujarat High Court
State Of Gujarat vs Dholi Somabhai Bijalbhai on 20 January, 2022
Bench: Hemant M. Prachchhak
C/LPA/62/2022 ORDER DATED: 20/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 62 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 278 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 62 of 2022
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STATE OF GUJARAT
Versus
DHOLI SOMABHAI BIJALBHAI
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Appearance:
MS DHWANI TRIPATHI, ASSISTANT GOVERNMENT PLEADER(1) for the
Appellant(s) No. 1,2,3,4
for the Respondent(s) No. 1,10,11,12,13,14,15,16,17,18,19,2,20,3,4,5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 20/01/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. This appeal is directed against the common
order dated 17.12.2020 rendered by the learned
Single Judge (Coram: Hon'ble Mr. Justice
Ashutosh J. Shastri) in Special Civil
Application no.278 of 2020.
2. The controversy raised in this appeal came to
be initiated by way of filing Writ Petition
under Article 226 of the Constitution of India
praying for an appropriate writ, order or
direction directing the appellants to make
payment of pensionery benefits to the
respondents - original Writ Petitioners by
counting their entire length of service till
C/LPA/62/2022 ORDER DATED: 20/01/2022
retirement and fixation of approximate pension
with other consequential benefits. The learned
Single Judge, by the impugned common order
dated 17.12.2020, has been pleased to allow
the Writ Petitions and observed thus:-
"10. From the aforesaid observations
which are made by the coordinate bench
relying upon the various decisions,
there is no reason for this Court to
deviate from the aforesaid preposition
of law. Hence, keeping that in mind, a
case is made out by the petitioners.
Even, recently, this Court relying upon
the same, has also dealt with yet
another petition being Special Civil
Application No. 11642 of 2020 decided
on 10.12.2020 in which very learned
advocates have represented the case.
Hence, the said decision is also being
considered while disposing of the
present group of petitions.
11. In view of foregoing reasons and
discussion, it is declared that the
action on part of the respondent
authority in not making payment of
pensionary benefits to the petitioners
and in not counting the entire length
of service from their initial dates of
employment reflecting from chart till
their retirement is arbitrary, illegal
and not sustainable in the eye of law.
The respondents are as such directed to
fix the pension of each of the
petitioners by counting their entire
service from their respective dates of
joining till the date of retirement as
provided in the chart which is quoted
herein before and the petitioners are
also entitled to all other retirement
benefits including leave encashment and
C/LPA/62/2022 ORDER DATED: 20/01/2022
difference of gratuity as may be
possible. The total amount payable
towards pension be calculated as above.
The arrears arising thereby and other
retirement benefits including those
mentioned herein before shall be paid
to the petitioners within a period of
six weeks from the date of receipt of
writ of this Court.
12. It is further provided and directed
that if the same is not paid within the
stipulated period of six weeks, it
shall carry interest at the rate of
6.5% from the date of filing of
respective petition. The respondents
are further directed to continue to pay
the pension to the petitioners duly
calculated as above.
13. While parting with the order, it is
further made clear that the petitioners
are entitled for all those benefits for
the years in which they have completed
240 days and accordingly, the amount
shall have to be paid and further, the
petitioners are also require to file an
undertaking within a period of three
weeks from today to the effect that in
the event that they are not entitled to
leave encashment as one of the benefit
of Government Resolution dated
17.10.1988 by virtue of judgment in
group of Letters Patent Appeals, the
amount so paid to the petitioners of
that benefit shall be adjusted against
the pension. Upon filing of such
undertaking, due benefit be paid to the
petitioners as per the aforesaid
direction within the time schedule.
14. With the above observations and
directions, the petitions stand
allowed. Rule is made absolute in each
C/LPA/62/2022 ORDER DATED: 20/01/2022
petition.
15. Since all the petitions are
allowed, Civil Application No. 1 of
2020 which is filed for fixing an early
date of hearing does not survive and
stands disposed of."
3. Heard Ms. Dhwani Tripathi, learned Assistant
Government Pleader for the appellants. Though
served, no one appears for the respondents.
4. Ms. Dhwani Tripathi, learned AGP for the
appellants has taken this Court through the
observations made by the learned Single Judge
and the directions given by the learned Single
Judge and vehemently contended that the
appeals deserve to be considered on merits as
the learned Single Judge has gone beyond the
scope and ambit of Government Resolution dated
17.10.1988. It was contended by the learned
AGP that the learned Single Judge has decided
the issue of pensionary benefits contrary to
law and facts. It was also contended that even
the learned Single Judge has misread the
provisions of Section 25B of the Industrial
Disputes Act, 1947 as well as the Government
Resolution dated 17.10.1988. On the aforesaid
grounds, it was therefore contended that the
appeal deserves consideration and the same
deserve to be allowed.
C/LPA/62/2022 ORDER DATED: 20/01/2022
5. No other or further submissions, averments,
grounds and/or contentions are made by the
learned AGP for the appellants.
6. It is a matter of fact that the learned Single
Judge, by the impugned common order dated
17.12.2020, has been pleased to allow the Writ
Petition. It is also a matter of fact that
identical issue arises in all the other
cognate matters. The Coordinate Bench of this
Court (Coram: Hon'ble the Chief Justice Mr.
Vikram Nath and Hon'ble Mr. Justice Bhargav D.
Karia), relying upon the order passed in
Letters Patent Appeal no.169 of 2020 were
pleased to dismiss Letters Patent Appeals
no.350 and 351 of 2021 by orders dated
5.4.2021 and 24.3.2021 respectively.
7. In Letters Patent Appeal no.350 of 2021
arising out of the very common order rendered
in Special Civil Application no.1574 of 2020,
the Coordinate Bench, vide order dated
5.4.2021, has observed thus:-
"This matter has been taken up upon a
mention being made by learned
counsels for both the sides i.e.
Mr.U.M. Shastri and Mr.Dipak Dave,
learned advocates stating that this
matter is squarely covered by series
of judgments of Division Bench of
this Court confirmed upto the Supreme
Court. As such, this appeal may also
be disposed of on the same terms of
C/LPA/62/2022 ORDER DATED: 20/01/2022
the order dated 18th February, 2020
passed in Letters Patent Appeal
no.169 of 2020 as under:
"The subject matter of the Letters
Patent Appeal, as fairly stated by
learned advocate for the applicants,
is squarely covered against the
applicants, inasmuch as, against a
decision rendered in Special Civil
Application No.12350 of 2016, Letters
Patent Appeal No.2152 of 2007, was
preferred, and the same has attained
finality in view of the order dated
04.01.2019, passed by the Apex Court
dismissing Special Leave Petition
(Civil) Diary No.45860 of 2018
preferred by the State of Gujarat and
another. The appeal is accordingly
dismissed."
Accordingly, the present appeal also
stands dismissed on the same terms of
the above order. Consequently,
connected Civil Application also
stands disposed of."
8. The issue involved in this appeal is thus
squarely covered by the aforesaid judgment. On
the same terms, the appeal deserves to be
dismissed and is hereby dismissed. Civil
Application is also dismissed. However, there
shall be no order as to costs.
(R.M.CHHAYA,J)
(HEMANT M. PRACHCHHAK,J)
Maulik
