State Of Gujarat vs Devendra Chandulal Dave
2022 Latest Caselaw 988 Guj

    C/LPA/111/2022                                      ORDER DATED: 31/01/2022



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/LETTERS PATENT APPEAL NO. 111 of 2022
          In R/SPECIAL CIVIL APPLICATION NO. 8300 of 2016
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/LETTERS PATENT APPEAL NO. 111 of 2022
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                            STATE OF GUJARAT
                                  Versus
                        DEVENDRA CHANDULAL DAVE
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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 M DESAI(286) 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 M. Desai, learned counsel appearing for the respondent - original petitioner.

Feeling aggrieved by and dissatisfied with the judgment and order dated 23.8.2019 passed by the learned Single Judge in Special Civil Application No.8300 of 2016, 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

C/LPA/111/2022 ORDER DATED: 31/01/2022

before us with this Intra-Court Appeal under Clause 15 of the 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

C/LPA/111/2022 ORDER DATED: 31/01/2022

of 2017 and SLP (C) No. Diary No.39277 of 2019 by an order 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 would not survive and the same stands disposed of.

(R.M.CHHAYA,J)

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