Gujarat High Court
Indira Rameshchandra Intwala ... vs Pankaj Kumar Ias on 20 February, 2023
Bench: Niral R. Mehta
C/MCA/1307/2022 ORDER DATED: 20/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1307 of 2022
In R/LETTERS PATENT APPEAL NO. 2298 of 2017
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INDIRA RAMESHCHANDRA INTWALA THROUGH LH BHARTIBEN
DHARMESHKUMAR RAMESHCHANDRA INTWALA
Versus
PANKAJ KUMAR IAS
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Appearance:
MS LILU K BHAYA(1705) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Opponent(s) No. 5
MS. SHRUTI DHRRUVE, AGP for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 20/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
These proceedings were filed under the Contempt of Courts Act,
1971, in respect of the directions issued by learned single Judge in order
dated 29.6.2017 passed in Special Civil Application No. 2183 of 2016
and confirmed in Letters Patent Appeal No. 2298 of 2017 by judgment
and order dated 2.5.2019, further confirmed by order dated 17.12.2021 of
the Apex Court in Special Leave to Petition (C) No. 21286 of 2021.
2. Under the said directions, the original petitioner, since deceased,
was to be paid the pensionary benefits.
3. Today, when the Misc. Civil Application came up for
consideration, learned Assistant Government Pleader Ms.Shruti Dhruve
produced copy of Gratuity Payment Order as well as Pension Payment
Order. The same are taken on record.
3.1 The orders sanctioning the gratuity and pension reflected that since
C/MCA/1307/2022 ORDER DATED: 20/02/2023
the original petitioner had by the time died, the pension and gratuity have
been sanctioned in favour of married daughter and daughter-in-law of the
deceased petitioner. Each of the two nominees, namely Bharati and
Chaitasi - daughter-in-law and daughter respectively, are granted 50% of
the amount sanctioned towards gratuity and pension.
4. Learned advocate Ms. Lilu Bhaya submitted that the applicant
herein who is dafter-in-law has no objection to such mode of payment.
She further submitted that the applicant shall approach the competent
authority for disbursement of her share of the gratuity and pension. If
such an application is made by the applicant, the same shall be processed
after verifying the identity and undergoing necessary procedure. The
payment shall be made to the applicant directly in her bank account.
4.1 The respondent No.5 may also make such application for
disbursement of her share of gratuity and pension.
4.2 Learned Assistant Government Pleader stated that the applications
of the applicant and respondent No.5 shall be considered and necessary
disbursement will be made within three weeks from the date of making of
application.
5. In view of the above, nothing further survives in the present
proceedings. It stands disposed of. Notice stands discharged.
(N.V.ANJARIA, J)
(NIRAL R. MEHTA,J)
C.M. JOSHI
