State Of Gujarat vs Chhotubhai Devjibhai Patel
2022 Latest Caselaw 975 Guj

    C/LPA/230/2017                                      ORDER DATED: 31/01/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 230 of 2017

         In R/SPECIAL CIVIL APPLICATION NO. 14483 of 2015

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                       STATE OF GUJARAT & 3 other(s)
                                 Versus
                       CHHOTUBHAI DEVJIBHAI PATEL
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Appearance:
MS MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER with MR
TIRTHRAJ PANDYA AGP for the Appellants
MR JAYRAJ CHAUHAN for MR MUKUND DESAI for the Respondent
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 CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                               Date : 31/01/2022

                          ORAL ORDER

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

Heard Ms.Manisha Lavkumar Shah, learned Government Pleader assisted by Mr.Tirthraj Pandya, learned Assistant Government Pleader appearing for the appellants and Mr.Jayraj Chauhan, learned counsel for Mr.Mukund Desai, learned counsel appearing for the respondent - original petitioner.

Feeling aggrieved by and dissatisfied with the judgment and order dated 3.2.2016 passed by the learned Single Judge in Special Civil Application No.14483 of 2015, whereby the learned Single Judge was pleased to direct the appellants to grant benefit of pension scheme to the opponents in view of Government Resolution dated 15.10.1984, the appellants are before us with this Intra-Court Appeal under Clause 15 of the

C/LPA/230/2017 ORDER DATED: 31/01/2022

Letters Patent.

Learned counsels appearing for the respective parties jointly submitted that the issue involved in this Appeal is similar to issue decided by the Coordinate Bench of this Court in Letters Patent Appeal No.86 of 2020 arising out of Special Civil Application No.15059 of 2015, decided on 20.1.2020. Felt aggrieved, the appellants preferred Special Leave Petition (C) No.9615 of 2020 which came to be dismissed along with Civil Appeal No.9018 of 2016, Civil Appeal No.531 of 2017 and SLP (C) No. Diary No.39277 of 2019 by the Apex Court vide order dated 17.12.2021, confirming the view taken by the learned Single Judge as well as the Coordinate Bench of this Court.

Learned counsels pointed out that in the case on hand also, the respondent - original petitioner was appointed after 1.4.1982 and hence, the issue is squarely covered by the decision of the Coordinate Bench of this Court, as aforesaid. The respondent - original petitioner is entitled to similar benefits as directed by the learned Single Judge in this petition as well.

Considering the aforesaid admitted position, we do not find any ground for interfering with the impugned judgment and order rendered by the learned Single Judge. The judgment and order dated 20.1.2020 passed by the Coordinate Bench in LPA No.86 of 2020 is confirmed by the Apex Court in Special Leave Petition (C) No.9615 of 2020 along with Civil Appeal No.9018 of 2016, Civil Appeal No.531 of 2017 and SLP (C) No. Diary No.39277 of 2019 by an order

C/LPA/230/2017 ORDER DATED: 31/01/2022

dated 17.12.2021.

The present respondent - original petitioner shall be governed by the same judgment. As provided by the Apex Court, the compliance of the directions issued by this Court as confirmed by the Apex Court shall be effected within a period of two months from today.

With above, present Letters Patent Appeal stands disposed of.

As the main Appeal is disposed of, connected Civil Application, if any, would not survive and the same stands disposed of.

(R.M.CHHAYA,J)

(NIRAL R. MEHTA,J) V.J. SATWARA