Sardarsinh Ratansinh Jadeja vs State Of Gujarat
2022 Latest Caselaw 7868 Guj

     C/SCA/13115/2019                             JUDGMENT DATED: 13/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 13115 of 2019


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BIREN VAISHNAV
==========================================================
1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

==========================================================
                        SARDARSINH RATANSINH JADEJA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR ADITYA J PANDYA(6991) for the Petitioner(s) No. 1
MR CHINTAN K GANDHI(8600) for the Respondent(s) No. 3
MR SOAHAM JOSHI, AGP for the Respondent(s) No. 1,2
==========================================================

     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 13/09/2022

                              ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Soaham Joshi, learned

Assistant Government Pleader waives service of notice

of Rule for the respondent Nos.1 and 2, while Mr.

C/SCA/13115/2019 JUDGMENT DATED: 13/09/2022

Chintan Gandhi, learned advocate waives service of

notice of Rule for the respondent No.3.

2. With the consent of the learned advocates for the

respective parties, the petition is taken up for final

hearing today.

3. The prayer in this petition is to direct the respondent

authorities to release the withheld amount of gratuity

of Rs.3,00,000/- with interest of the petitioner.

4. The facts in brief would indicate that the petitioner was

working as a driver under the respondent No.2. It is

undisputed fact that he had completed the requisite

number of years of service for being qualified for

payment of gratuity. The petitioner retired on

superannuation on 31.10.2015. His gratuity was fixed

at Rs.5,68,912/-. Out of the amount, the respondent

released the gratuity amount of Rs.2,68,912/-. The

C/SCA/13115/2019 JUDGMENT DATED: 13/09/2022

remaining amount of Rs.3,00,000/- has been withheld

on the ground that the petitioner had taken a loan of

Rs.3,00,000/- from the Government Employees

Cooperative Credit Society which was outstanding and

unless and until the same is paid, the amount of

gratuity cannot be released. It is also a fact that the

Society has filed a summary suit No.53 of 2019 before

the Board of Nominees.

5. Mr. Pandya, learned counsel for the petitioner has filed

an undertaking of the petitioner that whatever be the

outcome of the summary suit No.53 of 2019 will bind

him and in the event, the summary suit is decided

against him, he shall honour the decree of the suit.

Based on this undertaking filed before this Court, the

respondent No.2 is permitted to release the amount of

Rs.3,00,000/- (Rupees three lacs only) of gratuity to the

petitioner within a period of six weeks from the date of

receipt of copy of this order.

C/SCA/13115/2019 JUDGMENT DATED: 13/09/2022

6. The petition stands allowed in above terms. Rule is

made absolute to the aforesaid extent. Direct Service is

permitted. No costs.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA