Bhavnagar Municipal Corporation ... vs Jeevanbhai Keshubhai Chauhan
2023 Latest Caselaw 881 Guj

     C/SCA/19893/2018                           ORDER DATED: 03/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 19893 of 2018

==========================================================
     BHAVNAGAR MUNICIPAL CORPORATION THROUGH MUNICIPAL
                       COMMISSIONER
                           Versus
               JEEVANBHAI KESHUBHAI CHAUHAN
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1
KHUSHBU D CHHAYA(8093) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                            Date : 03/02/2023

                             ORAL ORDER

1. In the present case, the learned Tribunal has come to the conclusion after going through the record & proceedings and the evidence produced on record by both the parties that the petitioner stood retired on 30.06.2015 before the award was passed. The learned Tribunal has also given a cogent reason looking to the fact that the respondent workman has been granted the benefits for the period of five years and that he has served the petitioner from the year 1995 till 2015.

2. It is contended by learned counsel Mr. H. S. Munshaw appearing for the petitioner Municipal Corporation that the retirement age in the cadre of clerk was 58 years, whereas the learned Tribunal has granted the benefits till the age of 60 years considering the retirement of the respondent workman in the cadre of Safai Kamdar. He submits that the excess benefit of two years has been granted to the respondent workman.

C/SCA/19893/2018 ORDER DATED: 03/02/2023

3. Learned counsel Ms. Khushbu Chhaya appearing for the respondent workman does not dispute the fact of retirement age with respect to the post in the cadre of clerk.

4. In view thereof, the respondent workman shall be paid the benefits till the date of his retirement in the cadre of clerk. The impugned judgment and order is modified to the said extent. In the peculiar facts and circumstances of the present case, no interference is called for and the impugned judgment and award be treated to have been passed in the facts and circumstances of the present case only.

5. The Special Civil Application is disposed of accordingly.

(ANIRUDDHA P. MAYEE, J.)

cmk