District Development Officer vs Aebhalbhai Aalbhai Khacha
2024 Latest Caselaw 1217 Guj

Gujarat High Court

District Development Officer vs Aebhalbhai Aalbhai Khacha on 12 February, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                   NEUTRAL CITATION




        C/CA/735/2024                              ORDER DATED: 12/02/2024

                                                                                    undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 735 of 2024

               In F/LETTERS PATENT APPEAL NO. 34748 of 2023

==========================================================
                        DISTRICT DEVELOPMENT OFFICER
                                    Versus
                          AEBHALBHAI AALBHAI KHACHA
==========================================================
Appearance:
MS SEJAL K MANDAVIA(436) for the Applicant(s) No. 1
for the Respondent(s) No. 1,10,11,12,13,14,15,16,18,2,3,4,5,6,7,8,9
MS. SHRUTI DHRUVE, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 17
==========================================================

     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                               Date : 12/02/2024

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

This Civil Application is filed by the applicant-District Development Officer, Navsari, seeking leave to appeal against judgment and order of learned single Judge impugned.

2. On perusal of judgment and order of learned single judge, the issue involved is about entitlement of the original petitioner who retired on 30 th June of a particular year, to receive the increment falling due on the next day, that is on 1st July.

3. There is no gainsaying, rather it was fairly admitted by learned advocate for the applicant that the issue is no longer res integra in view of the decision of the Apex Court in the Director (Admin. & HR)

NEUTRAL CITATION

C/CA/735/2024 ORDER DATED: 12/02/2024

undefined

KPTCL & Ors. Vs. C.P.Mundinamani & Ors. in Civil Appeal No.2471 of 2023 [SLP(C) No.9185 of 2020] dated 11.4.2023. Identical issue was decided by this court in State of Gujarat Vs. Takhatsinh Udesinh Songara which was Letters Patent Appeal No.868 of 2021 dated 24.7.2022, holding in favour of the employee, entitling him to the increment.

4. In view of the above position obtaining, Leave to Appeal is not liable to be entertained.

5. The Civil Application is dismissed.

The registration of Letters Patent Appeal is declined. Civil Application for stay stands disposed of accordingly.

(N.V.ANJARIA, J)

(PRANAV TRIVEDI,J) C.M. JOSHI