Gujarat High Court
State Of Gujarat vs Punjaji Viraji Bhitora on 13 December, 2023
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/CA/1673/2023 ORDER DATED: 13/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1673 of
2023
In
R/LETTERS PATENT APPEAL NO. 1434 of 2023
With
R/LETTERS PATENT APPEAL NO. 1434 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 1241 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1434 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 1241 of 2022
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STATE OF GUJARAT
Versus
PUNJAJI VIRAJI BHITORA
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Appearance:
MR SANJAY UDHWANI, AGP for the Applicant(s) No. 1,2,3
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 13/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
As learned advocates appearing for the respective
parties requested the Court to take up the main Letters Patent
Appeal itself for consideration which is listed today, the delay
in preferring Letters Patent Appeal is hereby condoned by
allowing Civil Application No.1673 of 2023. Accordingly, delay
of 523 days is condoned.
NEUTRAL CITATION
C/CA/1673/2023 ORDER DATED: 13/12/2023
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ORDER IN LETTERS PATENT APPEAL
Heard learned Assistant Government Pleader Mr.Sanjay
Udhwani for the appellant-State and learned advocate
Mr.Dipak Dave for the original petitioner-respondent herein.
2. As per common judgment and order dated 4.2.2022
disposing of the batch of petitions, learned Single Judge
directed the petitioners, including the present respondent-
original petitioner, whose Special Civil Application was
Special Civil Application No.1241 of 2022, to grant and pay
the retirement dues and other allowances such as transport
allowance, travelling allowance, transfer travelling allowance,
leave encashment and leave travel concession allowance.
3. The petitioner was a daily rated workman claiming said
benefits under Resolution dated 17.10.1988.
4. In the course of hearing today, learned Assistant
Government Pleader Mr.Sanjay Udhwani stated that the very
common judgment and order of learned Single Judge was
subjected to F/Letters Patent Appeal No.20289 of 2023 filed in
Special Civil Application No.2031 of 2021.
4.1 The Division Bench of this Court has passed the
following order on 7.8.2023 in said Letters Patent Appeal.
"This is a highly belated appeal, delayed by 496 days. Even
otherwise, the controversy raised in the instant appeal is
NEUTRAL CITATION
C/CA/1673/2023 ORDER DATED: 13/12/2023
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covered by the decision of this court in a group of appeals in
Letters Patent Appeal No.27 of 2022 connected with other
Appeals decided on 8.12.2022.
We, therefore, dismiss the instant Letters Patent Appeal both
on the ground of delay and on merits. The pending Civil
Applications are accordingly, disposed of"
4.2 Since the Letters Patent Appeal against the common
orders in respect of one of the Special Civil Application has
been dismissed and the facts and the issues are the same, it
was fairly submitted that the present appeal would not be
liable to be entertained.
5. However, it was submitted by learned Assistant
Government Pleader that dismissal of present Letters Patent
Appeal has to be qualified.
5.1 Learned advocate for the respondent-original petitioner
Mr.Dipak Dave was not in a position to dispute this position.
It was stated that the issue about payment of four allowances
viz. transport allowance, travelling allowance, transfer
travelling allowance and leave travel concession and the issue
whether whether they flow from Resolution dated 17.10.1988
is pending before the Supreme Court in Special Leave Petition
No.4827 of 2023 arising from Letters Patent Appeal No.1048
of 2022.
6. Therefore, it is provided herein by way of observation
and clarification that the appellant-State shall be at liberty not
to pay to the petitioner arrears towards said four allowances.
NEUTRAL CITATION
C/CA/1673/2023 ORDER DATED: 13/12/2023
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The entitlement of the petitioner shall remain subject to the
outcome of the Special Leave Petition No.4827 of 2023 arising
from Letters Patent Appeal No.1048 of 2022, stated to be
pending before the Supreme Court.
7. The Appeal is disposed of as not entertained subject to
above qualification and observations.
8. Civil Application will not survive in view of disposal of
Letters Patent Appeal.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
R.S. MALEK
