Executive Engineer vs Rasanbhai Lalsinghbhai Damor
2023 Latest Caselaw 5056 Guj

     C/LPA/816/2023                              ORDER DATED: 30/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 816 of 2023

          In R/SPECIAL CIVIL APPLICATION NO. 17951 of 2022

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
              In R/LETTERS PATENT APPEAL NO. 816 of 2023
==========================================================
                          EXECUTIVE ENGINEER
                                  Versus
                      RASANBHAI LALSINGHBHAI DAMOR
==========================================================
Appearance:
MS CHAITALI P DAVE(11693) for the Appellant(s) No. 1,2
MS NIDHI TRIVEDI FOR MR DIPAK DAVE for the Respondent(s) No. 1,2,3,4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 30/06/2023

                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J. C. DOSHI)

1. Heard learned advocate Ms. C.P. Dave for the appellants and learned advocate Ms. Nidhi Trivedi for Mr. Dipak Dave for the respondents.

2. To shed judgment and order delivered on 11.01.2023 in Special Civil Application No.17951 of 2022, this Letters Patent Appeal under clause 15 is filed.

3. For relief prayed in Special Civil Application, learned Single Judge allowed the pensionary benefits and also allowed to re-fix pension of the petitioners by counting their service from the date of joining till retirement, also allowed benefits like public

C/LPA/816/2023 ORDER DATED: 30/06/2023

holidays, transport allowance, medical allowances, group insurance, benefit of leave encashment with 18 % interest.

4. The case of the original petitioners before the learned Single Judge was that the petitioner - Rasanbhai Lalsinghbhai Damor and petitioner - late Gajiyabhai Ditabhai Damor, who is represented by his widow Remaben were appointed as Rojamdar / daily wager with the appellant on 07.06.1979 and 10.04.1981 respectively. Since both the petitioners completed 10 years of service benefit of Government Resolution dated 17.10.1988 was extended to them and they were placed in pay scale accordingly. Both the petitioners retired on 31.01.2016. However petitioner - Gajiyabhai Damor expired on 28.05.2022. Since the appellant herein has not extended benefits of retiral benefits as well as other benefits i.e. grant of allowances for public holidays, transport allowance, medical allowance, group insurance, benefit of leave encashment, difference of pay, gratuity amount and other benefits etc., Special Civil Application was preferred seeking relief. As stated herein above, said petition was allowed by order dated 11.01.2023. Hence, being aggrieved, the appellants have preferred present Letters Patent Appeal.

5. The only contention raised by Ms. Dave for the appellant before us was that both the employees retired on 31.01.2016 and sought relief for the first time after 7 years by filing Special Civil Application. Hence, delay may be sufficient ground to deny relief but the learned Single Judge did not looked into said aspect and granted all the benefits. She would further submit that considering this aspect, present Letters Patent Appeal be

C/LPA/816/2023 ORDER DATED: 30/06/2023

allowed.

6. Learned advocate Ms. Nidhi Trivedi for learned advocate Mr. Dipak Dave for the respondents would support the impugned judgement and submit that since relief claimed by the original petitioners - respondents are covered by decision of Division Bench of this Court, present Letters Patent Appeal, being bereft of merits, may be dismissed.

7. Having heard learned advocates for the parties, at the outset, on perusal of the impugned order, it transpires that learned Single Judge has applied reasons delivered in Letters Patent Appeal No.1567 of 2018 in Special Civil Application No.6707 of 2013 and allied matters as well as Letters Patent Appeal No.27 of 2022 in Special Civil Application No.23027 of 2017 and allied matters to grant succor in favour of the original petitioners. It is not in dispute that daily wagers claiming benefit under Government Resolution dated 17.10.1988 which was made applicable by the appellants and accordingly on completion of service of 10 years, both the petitioners were granted pay scale and thus benefit of Government Resolution dated 17.10.1988 is to be followed by retiral benefits. Learned Single Judge after visiting decision of the Hon'ble Supreme Court and this Court, while passing the order has settled the proposition to grant relief which are claimed by the original petitioners and this judgment are followed in the Letters Patent Appeals which are stated herein above.

C/LPA/816/2023 ORDER DATED: 30/06/2023

8. Learned advocate Ms. Dave in this given circumstances failed to point out any illegality in the impugned order. She would thus request that the appellants may granted 12 weeks time to comply with the order. Considering plethora of decisions which are considered in Letters Patent Appeal captioned herein above, entire issue is covered issue, it does not require any further deliberation or does not require any further reasoning to settle the dispute between the parties.

9. Up shot of above, judgment of the learned Single Judge under challenge in this Letters Patent Appeal is found just, legal and pure, it does not warrant any interference. Hence, this Letters Patent Appeal is dismissed. Connected Civil Application also stands disposed of. As requested by learned advocate Ms. Dave, 12 weeks time from today is granted to comply with the order.

(N.V.ANJARIA, J)

(J. C. DOSHI,J) SATISH