Kantibhai Vitthalbhai ... vs State Of Gujarat
2023 Latest Caselaw 1526 Guj

     C/SCA/2109/2023                                ORDER DATED: 13/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 2109 of 2023
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                   KANTIBHAI VITTHALBHAI PATANVADIYA
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MR VK JOSHI(2329) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
for the Respondent(s) No. 2,3,4,5,6
MR. JAY MEHTA, AGP, for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                             Date : 13/02/2023
                              ORAL ORDER

[1] This petition under Article 226 of the Constitution of India is filed by the petitioners for following reliefs:-

"(B) Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction;

(i) to hold and declare that action on the part of the respondents in not making full payment of pensionary benefits to the petitioners by counting their entire length of service from the date of joining till date of retirement as illegal, unjustified, arbitrary and further be pleased to direct the respondents to fix the pension of the pension of the petitioner by counting his service from date of Joining until the date of retirement and fix the pension accordingly;

(ii) to hold and declare that the Petitioners are entitled to all Other retiral benefits including benefit of leave encashment and be Pleased to further direct the respondents to pay amount of leave encashment of leave standing in the account of the petitioners.

(iii)To direct the respondents to pay difference of pensionary

C/SCA/2109/2023 ORDER DATED: 13/02/2023

benefits, gratuity amount and leave encashment with 18% interest from the date when it fell due.

(C) Pending admission, hearing and final disposal of this petition, This Hon'ble Court may be pleased to direct the respondents tO0 immediately revise the pension of the petitioners on the basis of their total length of service."

[2] At the outset, learned advocate for the petitioners has placed reliance upon the decision of this Court in Special Civil Application No.8607 of 2022 in oral judgment dated 13.10.2022. He has drawn attention of this Court to the representation made in the month of October-2022 (sic.).

[3] The Court finds that representation of October-2022 (sic.) at Annexure-C does not give out the necessary details and hence, it will be open for the petitioners to make detailed representation even if a single representation in representative capacity on behalf of surviving petitioners or surviving employees or legal representatives of the deceased employees. Once such representation is made, the office of the respondent No.5 shall grant an opportunity of hearing to the petitioners or their representatives and after that will communicate the decision of such representation within a period of eight weeks thereof. The representation to be made on or before 31.03.2023. liberty is reserved in favour of the petitioners in case of difficulty to revive this petition. The petition stands disposed of accordingly. Direct service is permitted.

(A.Y. KOGJE, J) SIDDHARTH