Gujarat High Court
Administrative Officer vs Waghela Jayaben Govindbhai on 15 June, 2023
Bench: J. C. Doshi
C/LPA/722/2023 ORDER DATED: 15/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 722 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 9022 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/LETTERS PATENT APPEAL NO. 722 of 2023
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ADMINISTRATIVE OFFICER
Versus
WAGHELA JAYABEN GOVINDBHAI
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Appearance:
DEEPAK N KHANCHANDANI(7781) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 15/06/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr. Dipak Khanchandnani
for the appellant.
2. The appellant is Administrative Officer,
Bhavnagar Municipal School Board-respondent no.3 in
the Special Civil Application, has preferred this
Letters Patent Appeal under clause 15 of the Letters
Patent seeking to call in question the judgment and
order dated 23.09.2022 of learned Single Judge.
2.1 Thereby, writ petition of the original
petitioners-respondents herein, came to be allowed by
directing the respondent authorities including the
C/LPA/722/2023 ORDER DATED: 15/06/2023
appellant herein to consider the case of each of the
petitioners for payment of pension and retirement
benefits, including family pension to the legal
heirs, if any, with interest at the rate of 6% from
the date of superannuation till the date of payment
as also to the extent other retirement benefits, as
may be admissible.
3. Stated in nutshell, the case of the original
petitioners was that they had been serving as Peons
under the Bhavnagar Municipal School Board (Bhavnagar
Prathmik Shikshan Samiti) - Appellant herein. They
retired from service the upon reaching the age of
superannuation on 30.04.2013, 30.06.2016 and
31.10.2016 respectively.
3.1 Their grievance was that despite passage of four
years after retirement, they were not paid their
retirement dues such as pension, gratuity, leave
salary, commuted pension and group insurance etc.
With such grievance, the petition was filed. In the
said petition, respondent no.1 was State of Gujarat,
respondent no.2 was Director of Primary Education
whereas, respondent no.3 was Administrative Officer,
Bhavnagar Municipal School Board.
3.2 It may be stated that while the present appeal
is by respondent no.3-Administrative Officer,
Bhavnagar Municipal School Board, similarly situated
employees of appellant Board had filed other
C/LPA/722/2023 ORDER DATED: 15/06/2023
petitions, which were in group being Special Civil
Application No.6243 of 2008 and allied petitions
wherein the grievance was identical and the prayers
were similar. Those were also the employees of
Municipal School Board and made similar prayers for
grant of pension and other retirement benefits.
3.3 It may be stated that against the said group of
petitions, which included Special Civil Application
No. 9022 of 2017 from which this appeal arises, the
Bhavnagar Municipal Corporation had preferred Letters
Patent Appeal No.49 of 2023 and allied appeals, which
came to be dismissed by the Division Bench on
10.04.2023.
4. It was fairly submitted by learned advocate for
the appellant that since issues involved in all the
cases are identical, that the petitioners are
similarly situated and that the present appellant-
Municipal School Board has identity of interest with
the Corporation whose appeals have been dismissed and
further that no other or further submissions and
contentions are to be canvassed, the outcome of the
present Letters Patent Appeal will be guided by the
decision dated 10.04.2023 in the aforesaid Letters
Patent Appeal No. 49 of 2023 and allied matters.
5. The Division Bench held dismissing the Letters
Patent Appeal, as under,
C/LPA/722/2023 ORDER DATED: 15/06/2023
"7.5 We have also gone through the GR dated
24.11.1988, issued by the Education Department
of the State of Gujarat. A perusal of the said
GR reveals that State Government had decided to
grant pension to non-teaching staff of various
authorized municipal school boards within the
State and Clause-2 thereof, specifically
provides that the authorized municipalities /
municipal corporations, who will give the above
benefit to their non-teaching staff of Municipal
School Board, will be eligible for the admission
grant towards the State Government share on
pension contribution only.
7.5.1 Now, it is the case of the appellants that
the State Government is not providing admission
grant towards the State Government's share on
pension contribution, and therefore, they are
financially not in a position to grant pension
and other retiral benefits to the private
opponents, herein.
7.5.2 So far as the non-payment of admission
grant by the State Government towards its share
on pension contribution is concerned, it is
always open to the appellants to take
appropriate steps, in accordance with law, but,
at the same time, by that reason alone, the
appellants cannot deprive the private opponents
of the benefits, which they are entitled to get.
7.6 We have also gone through the impugned
judgment and order, Dated: 23.09.2022, where,
the learned Single Judge, after taking into
consideration various decisions of the Apex
Court as well as of this Court, has specifically
held that the private opponents are entitled to
get pension and other retiral benefits along
with interest at six per cent per annum.
7.7 In view of the above discussion, we are of
the considered view that the learned Single
Judge has committed no error in passing the
common CAV judgment and order dated 23.09.2022."
C/LPA/722/2023 ORDER DATED: 15/06/2023
6. The above reasoning and findings apply and
operate to the present challenge also.
7. In view of the above position emerging, the
present Letters Patent Appeal is dismissed.
In view of the dismissal of the main Letters
Patent Appeal, the Civil Application would not
survive and is disposed of.
(N.V.ANJARIA, J)
(J. C. DOSHI,J)
BIJOY B. PILLAI
