M.B. Prajapati (Mulshankarbhai ... vs Shri Vinod Rao, Ias, Secretary ...
2023 Latest Caselaw 3872 Guj

     C/MCA/267/2023                          IA ORDER DATED: 03/05/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CIVIL APPLICATION (DIRECTION) NO. 1 of 2023
                                 In
           R/MISC. CIVIL APPLICATION NO. 267 of 2023
                                In
           R/LETTERS PATENT APPEAL NO. 1149 of 2018
=============================================

M.B. PRAJAPATI (MULSHANKARBHAI BHULABHAI PRAJAPATI) Versus SHRI VINOD RAO, IAS, SECRETARY EDUCATION DEPARTMENT ============================================= Appearance:

MR KM ANTANI ASSISTANT GOVERNMENT PLEADER for the Opponent

(s) No. =============================================

CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI and HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 03/05/2023

IA ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

1. By way of this present Civil Application, the applicant has

prayed for the following reliefs :-

"4(a) to punish the respondents for the Contempt of Court committed by them by willfully disobeying and deliberately not implementing the judgment and order dated 12.10.2022 passed in Letters Patent Appeal No. 1149 of 2018 in SCA No. 9024 of 2014 (Coram : A.J. Desai & Mrs. Mauna Bhatt, JJ);

(b) to direct the respondents to purge the Contempt of Court by forthwith praying to the petitioner all the arrears of pension and all other retirement benefits by considering his entire service including the ad-hoc service as Principal

C/MCA/267/2023 IA ORDER DATED: 03/05/2023

of DIET as qualifying service in compliance with Judgment and Order dated12.10.2022 passed in LPA No. 1149/2018 in SCA No. 9024/2014 (Coram : A.J. Desai & Mrs. Mauna Bhatt, JJ);

(c) to direct the Respondents to pay interest at the rate of at least 8% per annum on all the arrears that may be paid to the petitioner as the petitioner as retired way back on 30.06.2014;

(d) Pending the hearing and final disposal of this petition, be pleased to direct the Registry of the Hon'ble High Court to forthwith pay to the petitioner the amount deposited by the Respondents pursuant to the order dated 10.12.2014 passed in MCA (For Contempt) No. 3139/2014 in SCA No. 9024/2014 (Coram : M.R. Shah and R.D. Kothari, JJ) together with interest accrued thereon;

(e) to grant any other appropriate and just relief/s including the reasonable costs of this petition;"

2. It is the case of the applicant that the applicant initially

filed Special Civil Application No. 9024 of 2014 for claiming

pension and other retirement benefits for the entire service of

32 years rendered by him, wherein the applicant rendered 19

years of service as Assistant Teacher in Government Secondary

School and 17 years service as ad-hoc Principal of DIET.

However, the applicant was paid pension and other retirement

benefits only by counting service of 19 years as ad-hoc Principal

of Government Secondary School. As a result of this, feeling

C/MCA/267/2023 IA ORDER DATED: 03/05/2023

aggrieved by the interim order passed by the learned Single

Judge, the applicant filed contempt petition being Misc. Civil

Application No. 3192 of 2014 in Special Civil Application No.

9024 of 2014 in which the Division Bench was pleased to pass

an order on 10.12.2014 whereby a direction was issued to

respondents to deposit the differential amount in the Registry

and same be invested in short term deposit and shall be paid to

the parties as may directed by the Court.

2.1. It is the assertion of the applicant that the learned Single

Judge later on dismissed Special Civil Application No. 9024 of

2018 by order dated 25.06.2018, and aggrieved by the said

order, the applicant filed Letters Patent Appeal No. 1149 of

2018 before the Division Bench and vide order dated

12.10.2022, the same came to be allowed whereby the

authorities were directed to treat services of the applicant as

ad-hoc Principal of DIET from 12.08.1997 to 30.06.2014 as

qualifying service and to grant pensionary benefits with all

consequential benefits within a period of eight weeks from the

receipt of the order. Since the said direction issued by the

C/MCA/267/2023 IA ORDER DATED: 03/05/2023

Division Bench of this Court in Letters Patent Appeal having not

been implemented, the applicant is constrained to prefer Misc.

Civil Application No. 267 of 2023, which is stated to be pending

for consideration.

3. It is asserted by the learned advocate appearing for the

applicant that in the said proceeding respondent has provided a

letter stating the statement of particulars of the amount

deposited in the Registry. In the said statement it is stated that

an amount of Rs. 20,23,936/- came to be deposited in the

Registry and as such on 01.05.2023 a request was made to

disburse the amount in favour of the applicant as indicated in

the prayer made in the application. According to applicant, out

of the said amount of Rs.20,23,936/- an amount of

Rs.11,25,692/- is required to be returned back to the respondent

Government, and as such, has requested that by deducting the

said amount of Rs.11,25,992/- rest of the amount be paid with

interest.

4. Having perused the record, it was noticed that a

C/MCA/267/2023 IA ORDER DATED: 03/05/2023

categorical statement was made that direction would be

complied with within a period of one week and as such, the

matter was adjourned. However, today Mr. K.M. Antani, learned

Assistant Government Pleader appearing for the respondent

authority has submitted that a detailed affidavit explaining the

circumstances and on instruction has stated that if amount as

requested is released, there shall be no objection to deduct an

amount of Rs.11,25,692/- from the amount which is already

deposited and the said amount to be released in favour of the

government treasury and after deducting the amount of

Rs.11,25,652/- rest of the amount with interest may be released

in favour of the applicant.

5. The said assertion which has been made by the authority

in affidavit dated 30.04.2023 is reflecting from paragraph 5,

which we deem it proper to quote hereunder :-

"5. xxx .

It is therefore requested to this Hon'ble Court that to avoid undue delay in releasing amount in favour of the petitioner, this Hon'ble Court be pleased to direct the Registry to release the amount deposited with the registry i.e. Rs.20,23,936/- and deduct Rs.11,25,692/- at the time of releasing the same to the petitioner. Such deducted amount be then released in favour of the government

C/MCA/267/2023 IA ORDER DATED: 03/05/2023

treasury."

6. Considering the aforesaid assurance which has been made

in the affidavit and in view of the broad consensus between the

learned counsel appearing for the respective parties, we deem it

proper to allow this application by directing the Registry to

disburse the amount of Rs.20,23,936/- plus (+) interest

minus (-) Rs.1125,692/- in favour of the applicant by RTGS in

his bank account after due verification about the details of the

applicant and his bank account and the amount of

Rs.11,25,692/- be returned back to the government treasury.

7. With the aforesaid observation and direction, the present

Civil Application stands disposed of.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J) phalguni