Nagar Prathmik Shikshan Samiti vs Ahmedabad Municipal Shikshak ...
2023 Latest Caselaw 5560 Guj

                                                                                   NEUTRAL CITATION




       C/LPA/1051/2023                             ORDER DATED: 02/08/2023

                                                                                   undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/LETTERS PATENT APPEAL NO. 1051 of 2023
              In R/SPECIAL CIVIL APPLICATION NO. 5518 of 2017
                                     With
                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                In R/LETTERS PATENT APPEAL NO. 1051 of 2023
==========================================================
                      NAGAR PRATHMIK SHIKSHAN SAMITI
                                    Versus
          AHMEDABAD MUNICIPAL SHIKSHAK PENSIONER MANDAL
==========================================================
Appearance:
MR. MAHARSHI PATEL FOR HL PATEL ADVOCATES(2034) for the Appellant(s)
No. 1
for the Respondent(s) No. 1,2,4,5,6
MR. K.M.ANTANI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 3
==========================================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
           AGARWAL
           and
           HONOURABLE MR. JUSTICE N.V.ANJARIA

                             Date : 02/08/2023

                          ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Heard shri Maharshi Patel, the learned counsel for the appellant and perused the record.

2. The admitted facts of the matter are that the appellant herein, namely Nagar Prathmik Shikshan Samiti, which is running a municipal school, has been mandated by the judgment and order dated 26.4.2016 to grant benefits of Higher Grade Pay Scale to the teachers of the institution alongwith the arrears within a period of six months. The order of this court dated 26.4.2016 records that in case of any further delay beyond six months, this court may consider the case of the petitioner-respondent herein for grant of interest. As there was delay in making the payment in compliance of the judgment and order dated 26.4.2016 of this Court, the

NEUTRAL CITATION

C/LPA/1051/2023 ORDER DATED: 02/08/2023

undefined

writ petition, out of which the instant Appeal has arisen, has been filed with the prayer for grant of interest at the rate of 12% p.a. for delayed payment of Higher Grade Pay Scale as well as arrears of pension.

3. The learned single Judge, taking note of the above aspects, has awarded interest at the rate of 10% on the delayed payment of arrears and pension on the basis of government Resolution dated 5.7.1991 from the year 1998 till the actual payment. It is sought to be submitted by the learned counsel for the appellant that some payments pursuant to the judgment and order dated 26.4.2016, within the period of six months under the directions of this court, had been made, though the entire payment towards the arrears of Higher Grade Pay Scale and pension could not be made. The submission is that interest part may be confined to the portion of arrears of Higher Grade Pay Scale and pension, which remained unpaid beyond the period of six months.

4. Taking note of the above and having gone through the directions in the judgment and order dated 26.4.2016, we provide that 10% interest on the delayed payment in question from the year 1998, which remained unpaid within the period of six months, as directed by the learned single Judge, shall be leviable.

5. With the above observations, the Letters Patent Appeal stands disposed of. The Civil Application for stay also stands disposed of, accordingly.

(SUNITA AGARWAL, CJ )

(N.V.ANJARIA, J) C.M. JOSHI