Somjibhai Paljibhai Chavda vs State Of Gujarat
2022 Latest Caselaw 8552 Guj

    C/SCA/14483/2019                             JUDGMENT DATED: 27/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 14483 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 ?

==========================================================
                       SOMJIBHAI PALJIBHAI CHAVDA
                                  Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1
MR. SOAHAM JOSHI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
==========================================================

    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 27/09/2022

                            ORAL JUDGMENT

1 Rule returnable forthwith. Mr.Soaham Joshi, learned

Assistant Government Pleader, waives service of notice of

C/SCA/14483/2019 JUDGMENT DATED: 27/09/2022

rule on behalf of the respondent - State. With consent of

the learned advocates, the matter is taken up for final

hearing today.

2 The prayers in this petition are two fold. Prayer 8(A)

by the petitioner is to direct the respondent authorities to

treat the period of suspension of the petitioner from

06.10.2008 to 30.06.2010 as duty period for all purposes

including for the purposes of pay and allowances and

consequently direct the respondent authorities to make

payment of difference of pay and allowances to the

petitioner with interest. Prayer (B) is to direct the

respondents to grant the benefit of the recommendation

of the 6th and 7th Pay Commission and consequently make

payment of arrears and allowances and other retirement

dues on account of revision of the amount of pension.

2.1 As far as prayer (A) is concerned, it is the case of the

petitioner that pursuant to judgement and order dated

20.02.2018, on his acquittal, as a result of sub-rule (2) of

C/SCA/14483/2019 JUDGMENT DATED: 27/09/2022

Rule 70 of the Gujarat Civil Services (Joining Time) Rules,

2002, when a government employee is fully exonerated in

the case of suspension, the employee has to be given full

pay and allowances. Mr.Vaibhav Vyas, learned counsel for

the petitioner, pressing this rule in service would claim

that prayer A be granted.

2.2 The affidavit-in-reply indicates that in light of the

Resolution of the Government dated 20.07.2007, in light

of an appeal pending before this Court, the period of

suspension cannot be treated as period spent on duty

unless and until the appeal is finally decided.

2.3 This stand of the State appears to be reasonable in

light of the fact that the acquittal has yet not attained

finality.

2.4 As far as prayer (B) of para 8 is concerned with

regard to the benefits of the 6 th Pay Commission and the

7th Pay Commission, the rule indicates that the petitioner

C/SCA/14483/2019 JUDGMENT DATED: 27/09/2022

has been granted revised pension as per the 6th Pay

Commission on 16.09.2021 after taking into consideration

the pensionable salary of retirement as per the revised

salary under the Revision of Pay Rules of 2006. The

revised pension has been sanctioned in the pay-scale of

6th Pay Commission. Even the revision of pension as per

the 7th Pay Commission has been done from the Pension

Payment Office. The amount of Rs.2,95,021/- has been

paid towards 6th Pay Commission benefits.

3 The petitioner is entitled to the benefits of revision

of pension on the basis of the 7 th Pay Commission. Such

benefits shall be paid to the petitioner within a period of

four weeks from the date of receipt of copy of this order.

In the event the order is not complied with and the

payment is not made, the delay shall entail interest at the

rate of 8% till the actual date of payment. The petition is

partly allowed. Rule is made absolute to the aforesaid

extent.

(BIREN VAISHNAV, J) BIMAL