Bharubhai Jesingbhai Patel Since ... vs Shri Vipul Mittra , State Of ...
2023 Latest Caselaw 163 Guj

      C/MCA/1495/2022                                 ORDER DATED: 06/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/MISC. CIVIL APPLICATION NO.             1495 of 2022

       In R/SPECIAL CIVIL APPLICATION NO. 11358 of 2022

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      BHARUBHAI JESINGBHAI PATEL SINCE DECD. THROUGH LHS
                 KISHORBHAI S/O BHARUBHAI PATEL
                              Versus
       SHRI VIPUL MITTRA , STATE OF GUJARAT THROUGHD THE
                            SECRETARY
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Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
 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 : 06/01/2023

                             ORAL ORDER

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

Heard learned advocate Mr. Dipak Dave for the applicant and Mr. Pradip J. Patel for respondents no.2 and 3, whereas learned AGP Ms. Shruti Dhruve appears for respondent no.1 and 4 and its authority.

2. The applicant, by filing the present Misc. Civil Application, alleges contempt of the following directions passed by the learned Single Judge in its judgment dated 01.09.2022 in Special Civil Application No. 11358 of 2022,

"5 In light of this, the petition is allowed. The petitioners are entitled to other benefits such as Public Holidays, Transport Allowance,

C/MCA/1495/2022 ORDER DATED: 06/01/2023

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. 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 contempt 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 21.12.2022, 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 similar and identical to that appeals, also stand dismissed. Connected applications also stand dismissed.

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

C/MCA/1495/2022 ORDER DATED: 06/01/2023

which, each employee would be entitled for interest @ 6% from the date of filing of writ- application by each employee till the amount is actually paid."

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

5. The present Misc. Civil Application would not survive and in the aforesaid view, stands disposed of.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) BIJOY B. PILLAI