Jamnaben Shankarbhai Makwana vs Bhavnagar Municipal Corporation
2022 Latest Caselaw 8954 Guj

     C/SCA/6887/2018                                 JUDGMENT DATED: 10/10/2022




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 6887 of 2018


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE A.Y. KOGJE                              Sd/-

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1     Whether Reporters of Local Papers may be allowed to see             NO
      the judgment ?

2     To be referred to the Reporter or not ?                             NO

3     Whether their Lordships wish to see the fair copy of the            NO
      judgment ?

4     Whether this case involves a substantial question of law as         NO
      to the interpretation of the Constitution of India or any
      order made thereunder ?

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                   JAMNABEN SHANKARBHAI MAKWANA
                                Versus
              BHAVNAGAR MUNICIPAL CORPORATION & 2 other(s)
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Appearance:
MS HARSHAL N PANDYA(3141) for the Petitioner(s) No. 1
DEEPAK N KHANCHANDANI(7781) for the Respondent(s) No. 2
MR. ROHAN SHAH, AGP for the Respondent(s) No. 3
MR HS MUNSHAW(495) for the Respondent(s) No. 1
=============================================

    CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                               Date : 10/10/2022

                               ORAL JUDGMENT

1. RULE. learned Advocate Mr. H.S. Munshaw waives service of rule on

C/SCA/6887/2018 JUDGMENT DATED: 10/10/2022

behalf of the respondent No.1, learned Advocate Deepak N.

Khanchandani waives service of rule on behalf of the respondent No.2

and learned Assistant Government Pleader waives service of rule on

behalf of the respondent No.3.

2. This petition under Article-226 of the Constitution of India is filed with

following prayers:

"(A) declare and hold that petitioner is entitled for pension and other pensionary benefit upon her superannuation retirement in light of the Government Resolution dated 24/11/1988 and the resolution passed by the Bhavnagar Municipal Corporation on 30/9/2005, and

(B) further be pleased to direct the respondent authorities to finalize pension case of petitioner and make payment of pension and arrears thereof with interest at the rate which the Honourable Court may consider as just and proper,

(D) award the cost of the petition, and

(E) pending admission and final disposal of the petition, the Honourable Court may be pleased to direct the respondent authority to finalize the pension case of petitioner and make payment of retirement dues, and/or"

3. At the outset, it appears that the issue raised by the petitioner is now

covered by the decision of this Court in group of petitions disposed of

by CAV Judgment dated 23-09-2022 passed in Special Civil Application

C/SCA/6887/2018 JUDGMENT DATED: 10/10/2022

No.6243 of 2008 and allied matters.

4. There is not much of dispute that the facts of the present case are

identical to the facts in the petition before aforementioned petition,

which has been disposed of by the CAV Judgment in favour of the

employees.

5. The question that was dealt with in Special Civil Application No.6243 of

2008 and allied matters, as to whether the petitioners therein were

entitled to the pension and other retirement benefits, though they may

not have completed requisite number of years of service and other

retirement benefits, which are paid to other employees of the

Bhavnagar Municipal Corporation.

6. While answering this, the Court has in Para-27 held as under:

"27. Considering the above conspectus of law, these petitions are allowed. The respondents are directed to consider the case of each of the petitioners for payment of pension and retirement benefits including family pension to the legal heirs, if any, together with interest at the rate of 6% per annum from date of superannuation till the date of payment of pension and other retirement benefits to each of the employee, within a period of 12 weeks from the date of receipt of copy of this order."

7. As both the sides are in agreement to the fact that the issue raised in

this petition, have been dealt with and covered in the aforesaid CAV

Judgment, the Court deems it fit to dispose of this petition with the

direction that the case of the petitioner would be independently

C/SCA/6887/2018 JUDGMENT DATED: 10/10/2022

considered in terms of the aforesaid CAV Judgment.

8. In view of the aforesaid, the petition stands allowed. Rule is made

absolute to the aforesaid extent with no order as to costs.

Sd/-

(A.Y. KOGJE, J) PARESH SOMPURA