Gujarat High Court
Girishchandra Ramanlal Raval vs State Of Gujarat on 6 June, 2023
Bench: Mauna M. Bhatt
C/SCA/8893/2023 JUDGMENT DATED: 06/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8893 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
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1 Whether Reporters of Local Papers may be allowed to
see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of
the judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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GIRISHCHANDRA RAMANLAL RAVAL
Versus
STATE OF GUJARAT
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Appearance:
MR MURALI N DEVNANI(1863) for the Petitioner(s) No. 1
MS NIRALI SARDA ASST. GOVERNMENT PLEADER/PP for the
Respondents
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 06/06/2023
ORAL JUDGMENT
1. Rule returnable forthwith. Learned Assistant Government
C/SCA/8893/2023 JUDGMENT DATED: 06/06/2023
Pleader waives service of notice of Rule on behalf of the
respondent - State.
2. This petition under Article 226 of the Constitution of
India is filed with the following prayers: -
(A) Your Lordships may be pleased to
admit the petition.
(B) Your Lordships may be pleased to
allow the petition by issuing a writ of
mandamus or any other appropriate writ,
direction and/or order in the nature of
mandamus directing the respondents to
revise the pension and gratuity of the
petitioner calculating it from his date of
initial appointment till his date of retirement
with 12% interest per annum.
(C) Your Lordship may be pleased to
award any such other and further relief as
may be deemed just and expedient in the
interest of justice.
3. Heard learned advocate Mr. Murali Devnani for the
C/SCA/8893/2023 JUDGMENT DATED: 06/06/2023
petitioner and learned Assistant Government Pleader for the
respondent - State.
4. Learned advocate for the petitioner submitted that the issue
in the present petition pertains to not calculating the
retirement benefits of the petitioner from the date of
appointment. The prayers in relation to other benefits, if any,
referred in this petition, is not pressed at this stage.
4.1 He further pointed out that the issue involved in the
present petition which is in relation to counting the retirement
benefits available to the petitioner from the date of their
appointment. Learned advocate for the petitioner submitted
that present petitioner was working with the respondent No. 2
department with more than 4 decades and retired upon
attaining the age of superannuation and therefore considering
his continuous service he is entitled for the benefits of pension
and gratuity.
4.2 He pointed out that in the Government Resolution dated
24.01.2023, of Road and Building Department, Sachivalaya,
Gandhingar the State Government has resolved as under:
C/SCA/8893/2023 JUDGMENT DATED: 06/06/2023
"At the end of active deliberations, subject
to the following conditions, it is hereby
prescribed to pay gratuity to the daily
wagers working in offices under various
departments of the State within the
maximum limit of 33 (thirty-three) years as
per the Resolution dated 21.10.2020 of this
Department:
(1) The concerned Department will have to
check the eligibility of the daily wagers as
per the Payment of Gratuity Act, 1972, of
the Government of India.
(2) The order of this Department will also
apply to the cases of retired/deceased daily
wagers/work-charge employees after issuance
of the resolution dated 24.03.2006 of this
Department.
(3) The concerned Department will have to
pay gratuity to the daily wagers/work-charge
employees, for the services rendered before
becoming permanent, upon verifying their
eligibility as per the resolution dated
C/SCA/8893/2023 JUDGMENT DATED: 06/06/2023
21.10.2020 of this Department. Whereas, the
payment of gratuity for the pensionable
services after becoming permanent will be
made by the Director, Pension & Provident
Fund Office. The Department will ensure
that the gratuity is paid within the
maximum limit of 33 years by counting both
the services together and in any case no
double payment is made.
(4) The payments made to the daily wagers/
work-charge employees under the Resolution
dated 21.10.2020 of this Department before
issuance of this order will not be
reopened."
5. The above factual position could not be controverted by
learned Assistant Government Pleader for the respondent -
State.
6. In view of the above said position, this Court deems it
appropriate to direct the respondents to undertake scrutiny of
the petitioner herein, and upon such scrutiny, if he is found
eligible then a proposal shall be forwarded to the State
Authorities in this regard and thereafter, the State Authority
C/SCA/8893/2023 JUDGMENT DATED: 06/06/2023
shall consider proposal of the petitioner herein expeditiously
and in consonance with the State policy.
7. It is reported that in many of such matters, the
concerned department has already moved a proposal to the
State Government in this regard. However, wherever such
proposal is not moved, the same shall be moved by the
concerned department within a period of eight weeks from the
date of receipt of copy of writ of this order.
8. The aforesaid exercise shall be completed within a period
of twelve weeks from today.
9. With the aforesaid, the petition stands disposed of. Rule
made absolute to the aforesaid extent. Direct service is
permitted.
(MAUNA M. BHATT,J)
NAIR SMITA V.
