Gujarat High Court
State Of Gujarat vs Dr. Satendra Kumar S/O Sahabram ... on 31 January, 2022
Bench: Niral R. Mehta
C/LPA/1020/2021 ORDER DATED: 31/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1020 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 9213 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 1020 of 2021
==========================================================
STATE OF GUJARAT
Versus
DR. SATENDRA KUMAR S/O SAHABRAM YADAV
==========================================================
Appearance:
MS MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER with MR
TIRTHRAJ PANDYA AGP for the Appellants
NOTICE SERVED for the Respondent(s) No. 2,3
NOTICE UNSERVED for the Respondent(s) No. 1
==========================================================
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. Though
served, none appears for the respondent Nos.2 and 3.
Feeling aggrieved by and dissatisfied with the judgment
and order dated 15.10.2019 passed by the learned Single
Judge in Special Civil Application No.9213 of 2019, 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/1020/2021 ORDER DATED: 31/01/2022
Letters Patent.
It is pointed out 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.
It is also 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
dated 17.12.2021.
C/LPA/1020/2021 ORDER DATED: 31/01/2022
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
