Gujarat High Court
Makhabhai Bhurabhai Didor Since ... vs Vipul Mittra , State Of Gujarat on 3 January, 2023
Bench: Niral R. Mehta
C/MCA/1458/2022 ORDER DATED: 03/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1458 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 11404 of 2022
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MAKHABHAI BHURABHAI DIDOR SINCE DECD. THROUGH LHS KALIBEN
WD/O MAKHABHAI DIDOR
Versus
VIPUL MITTRA , STATE OF GUJARAT
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Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1,2,3,4
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 : 03/01/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr. Dipak Dave for the
applicant and Ms. Chaitali Dave for respondents no.2
and 3, whereas learned AGP Ms. Shruti Dhruv 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. 11404 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
C/MCA/1458/2022 ORDER DATED: 03/01/2023
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 23.12.2022, 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
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
C/MCA/1458/2022 ORDER DATED: 03/01/2023
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.
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. Learned advocates for the respondents
fairly states 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
