Tejiyabhai Nevabhai Bhabhor ... vs Vipul Mittra
2023 Latest Caselaw 120 Guj

     C/MCA/1464/2022                                 ORDER DATED: 05/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 1464 of 2022
           In R/SPECIAL CIVIL APPLICATION NO. 11660 of 2022
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     TEJIYABHAI NEVABHAI BHABHOR SINCE DECD. THROUGH LHS
                VELKIBEN W/O TEJIYABHAI BHABHOR
                             Versus
                          VIPUL MITTRA
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Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
MS SHRUTI DHRUV, AGP for the Opponent(s) No. 1, 4
MS CHAITALI DAVE, ADVOCATE for the Opponent(s) No. 2, 3
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 : 05/01/2023

                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Dipak Dave for the applicant, learned Assistant Government Pleader Ms.Shruti Dhruv for respondent Nos.1 and 4 and Ms.Chaitali Dave for respondent Nos.2 and 3.

2. The applicant, by filing the present Miscellaneous Civil Application, alleges contempt in respect of the following directions passed by the learned Single Judge in its judgment dated 01st September, 2022 in Special Civil Application No.11660 of 2022,

"5. In light of this, the petition is allowed. The petitioners are entitled to other benefits such as Public Holidays, Transport Allowance, Medical Allowance and Group Insurance. The respondents are directed to re-fix the pension of the petitioners by counting the pensionable service from their date of initial entry in service accordingly. Petitioners are accordingly entitled to receive the pension.

C/MCA/1464/2022 ORDER DATED: 05/01/2023

The total amount of pension as above, becoming payable including the terminal and other anciliary benefits as mentioned above and the arrears thereof, shall be paid to the petitioners within a period of ten weeks from the date of receipt of this order. Rule is made absolute to the aforesaid extent. Direct service is permitted."

3. In course of hearing of the present petition, it was pointed out that the aforesaid judgment of the learned Single Judge was subjected to Letters Patent Appeal. The Coordinate Bench, by order dated 23 rd December, 2022, passed the following order dismissing the Letters Patent Appeal,

"The issue involved in the present appeal is squarely covered by the decision of the Hon'ble Supreme Court rendered in the case of State of Gujarat v. Public Works Department and Forest Employees Union and others reported in (2019) 15 SCC 248. Relying on the aforesaid decision of the Hon'ble Supreme Court, this Court in identical group of appeals vide order dated 8.12.2022 passed in Letters Patent Appeal No.27 of 2022 and allied appeals, has dismissed the said appeals. Hence, following the said decision, the present appeal which is also involves similar issue and identical to that appeals, also stands dismissed. Connected application also stands dismissed."

3.1 Thereafter, note for Speaking to Minutes in respect of the aforesaid order came to be filed,

"The following lines be added at the end of order dated 20.12.2022 passed by this Court in the above referred appeals :-

"However, we direct the State Authorities to release all the benefits in favour of the employees as per the order passed by learned Single Judge, within a period of 12 weeks from the date of receipt of this order, failing which each employee would be entitled for interest @ 6% from the date of filing of respective writ petitions by each employee till the amount is actually paid."

Registry to correct the order accordingly. Present note for speaking to minutes stands disposed of accordingly.

C/MCA/1464/2022 ORDER DATED: 05/01/2023

Registry is directed to place a copy of this order in each connected appeals."

4. The outcome of the aforesaid proceeding is that the Division Bench has permitted time of 12 weeks for the respondent authorities to comply with the directions of learned Single Judge passed in the Special Civil Application and on failing to comply with the directions, each employee concerned is entitled to interest at the rate of 6% from the date of filing of the writ petition till the amount is actually paid.

4.1 Learned advocates for the respondents fairly states that the authorities will abide by the aforesaid directions.

5. The present Miscellaneous Civil Application would not survive in the aforesaid view. It stands disposed of.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) ANUP