Heir And Legal Rep Of Decd Dudhiben ... vs Vipul Mishra, Secretary
2023 Latest Caselaw 60 Guj

       C/MCA/811/2022                                   ORDER DATED: 03/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/MISC. CIVIL APPLICATION NO. 811 of 2022
              In R/SPECIAL CIVIL APPLICATION NO. 9298 of 2018
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     HEIR AND LEGAL REP OF DECD DUDHIBEN W/O DECD SWEEPER
                CHHAGANBHAI MULABHA VALODARAI
                              Versus
                    VIPUL MISHRA, SECRETARY
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Appearance:
MR HASIT H JOSHI(2480) for the Applicant(s) No. 1
for the Opponent(s) No. 4
MR HS MUNSHAW(495) for the Opponent(s) No. 4
NOTICE SERVED BY DS for the Opponent(s) No. 1,2,3,5,6,7
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                Date : 03/01/2023

                        ORAL ORDER

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

Heard learned advocate Mr. Hashit Joshi for the applicants and learned Assistant Government Pleader Mr. Krutik Parikh for the respondent state authorities.

2. It is in respect of the following directions issued by learned single Judge passed in common judgment dated 23.12.2021 in so far as it pertains to Special Civil Application No. 9298 of 2018, that the non- compliance is alleged by the applicants,

"17. Thus, the writ petitions succeed. Similar benefits which have been paid to the appellants in the case of Harijan Paniben Dudabhai (supra) shall be paid to the petitioners. The Supreme Court in the case of Harijan Paniben Dudabhai (supra) has granted 9% interest from the date of judgment, i.e. 01.07.2016. The respondents are directed to grant 9% interest on such benefits from the date of filing the writ petitions since the writ petitions are filed after the aforesaid judgment. The respondent- Okha Gram Panchayat and the State authorities were under an obligation

C/MCA/811/2022 ORDER DATED: 03/01/2023

to extend the benefit arising out of the judgment of the Apex Court since the petitioners are also the employees of the same gram panchayat and are appointed prior to 1967.

18. Necessary orders as per the directions issued by this Court shall be passed within a period of two months from the date of receipt of this order. Rule is made absolute to the above extent."

3. When the present Misc. Civil Application came up for consideration today, learned Assistant Government Pleader undisputedly stated that the payment towards pension and gratuity required to be made pursuant to the order brought under contempt, have been made to the applicants. While conceding the said part, learned advocate for the applicants stated that interest is yet to be granted on the payment of pension.

4. Apropos the above remainder grievance, learned Assistant Government Pleader stated that proposal has already been forwarded in this regard from the Okha Nagarpalika to the Regional Commissioner of Municipality and that the decision in that regard will be taken within 15 days.

5. While concluding and disposing of the present Misc. Civil Application, we observe, on the basis of submission of learned advocate for the applicants, that in two similar cases, the interest has also been paid to the applicants therein while complying with the similar directions.

Disposed of accordingly.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) C.M. JOSHI