Mahesh Natwarlal Rao vs Mr. S.J. Haider , Principal ...
2023 Latest Caselaw 4151 Guj

       C/MCA/443/2023                                ORDER DATED: 07/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 443 of 2023

               In R/LETTERS PATENT APPEAL NO. 1408 of 2017

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                          MAHESH NATWARLAL RAO
                                     Versus
                   MR. S.J. HAIDER , PRINCIPAL SECRETARY
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Appearance:
MR PS CHAMPANERI(214) for the Applicant(s) No. 1
MR CHINTAN V ACHARYA(10558) for the Opponent(s) No. 4
MR. JAY MEHTA, AGP for the Opponent(s) No. 1,2,3
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
           and
           HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 07/06/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. At the outset, learned AGP has tendered the Pension Payment Order dated 2.5.2023 along with the order dated 6.6.2023 with regard to the payment of Provident Fund and also the photocopy of the Cheque of State Bank of India for an amount of Rs. 1,56,514/-. The same are ordered to be taken on record.

2. At this stage, learned Advocate Mr. P.S.champaneri for the Applicant has submitted that the Applicant / Appellant is entitled for interest on the retirement benefits which is not paid.

2.1 However, learned AGP on instructions from Mr. C.R.Paddhiyar, Chitnish-cum-TDO, Junagadh Jilla Panchayat, who is present in the Court, has

C/MCA/443/2023 ORDER DATED: 07/06/2023

submitted that appropriate interest as per the policy of the Statement Government is already paid.

4. The Court has perused the final directions issued by the Division Bench in the judgment and order dated 5.5.2022 passed in the captioned Letters Patent Appeal. The same are incorporated as under:

"12. In view of the above, the present appeal is allowed. The impugned judgment and order dated 22.03.2017 passed by the learned Single Judge in Special Civil Application No. 6155 of 2012 is hereby quashed and set aside. The respondents - authorities are directed to fix the pension of the appellant and to pay provident fund, gratuity, leave encashment and other retirement benefits to the appellant within a period of twelve weeks from the date of the receipt of the copy of this order. However, there shall be no order as to costs."

4.1 Thus, from the perusal of the direction, it reveals that the Court has not examined the issue with regard to the payment of interest on the retirement benefits and hence, it cannot be said that there is any willful disobedience of the direction issued by the Division Bench.

5. Under the circumstances, the present Miscellaneous Civil Application is disposed of with liberty reserved in favour of the Applicant to initiate appropriate proceedings by filing appropriate application before the appropriate forum claiming interest on the retirement benefits.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) J.N.W / 68