Gujarat High Court
Rajkot Municipal Corporation vs Govindbhai Bijalbhai Dhoriya on 18 January, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1234/2015 ORDER DATED: 18/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1234 of 2015
In R/SPECIAL CIVIL APPLICATION NO. 6663 of 2014
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RAJKOT MUNICIPAL CORPORATION
Versus
GOVINDBHAI BIJALBHAI DHORIYA & 2 other(s)
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MR SHAKTI S JADEJA(5491) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 18/01/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
The issue addressed by learned single Judge in his
judgment and order dated 18.6.2015 allowing the petition of the
respondent herein was whether the period of service of the
petitioner could be rounded off to make up his qualifying
service? That was the precise question which arose for
consideration.
2. While noticing the factual scenario it is to be stated that
the petitioner was appointed as Chowkidar on 1.1.1973 as daily
rated employee under the respondent No.2 Rajkot Municipal
Corporation, whose services came to be terminated in
11.6.1985. The reference raised by the petitioner - workman
before the Labour Court, Rajkot came to be allowed by
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C/LPA/1234/2015 ORDER DATED: 18/01/2024
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reinstating the petitioner with continuity of service and 55% of
backwages. The petitioner was reinstated, whereupon he
requested that permanency benefits may be granted to him. It
was the policy of the respondent Corporation that daily wagers
in different departments who had worked for more than 900
days, could be made permanent on the post concerned. In the
list accordingly prepared of the employees, the petitioner's name
figured. The petitioner retired on 31.8.2005.
3. It is the case of the petitioner that he is entitled to receive
pension and other retiral benefits from 1.1.1995. The request
cum representation of the petitioner dated 21.3.2007 was turned
down by the authorities on the ground that the petitioner had
put in less than 10 years of service and that minimum 10 years
was required to become the qualifying service for pension.
4. Learned single Judge noted that the petitioner had
completed 9 years and 8 months falling short by 4 months for
making up the qualifying service. What learned single Judge has
considered is Rule 80 of the Gujarat Civil Services (Pension)
Rules, 2002 which deals with the amount of service gratuity /
pension.
4.1 The said Rule is applicable therefore is reproduced herein
below in its relevant part.
""Rule 80 Amount of Service Gratuity/Pension:
(1) In the case of a Government employee
retiring on
Superannuation, Retiring, Invalid, Wound and Injury or
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C/LPA/1234/2015 ORDER DATED: 18/01/2024
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CompensationPension before completing qualifying
service of ten
years, the amountof service gratuity shall be one month
's 'pay' for each completed year of service.
(2)(a) .....
(b) .....
(3)In calculating the length of qualifying
service, fraction of a year
equal to six months and above shall be treated as a
complete year and reckoned as qualifying service.
(4)The amount of pension finally determined under
Clause (a) orClause (b) of Subrule (2), shall be
expressed in whole rupees and where the pension
contains a fraction of a rupee it shall be rounded off
to the next higher rupee. "
4.2 What operates in the present controversy is Sub rule (3)
which provides that for the purpose of calculating the length of
qualifying service, fraction of a year equal to six months and
above shall be treated to be the complete year and shall be
reckoned accordingly in calculating the qualifying the service.
4.3 As the petitioner has put in nine years and eight months of
service and the span of total years falls short by four months, it
does attracts Rule 80(3). Therefore the said year shall be liable
to be counted for the purpose of qualifying the service. The
aforesaid Rule came to be considered by this court in Dursinh
Judgsinh Rathod Vs. State of Gujarat [2006 (4) GLR 3353].
4.4 Following observations in para 5 of the said decision, also
quoted by learned single Judge deserves to be highlighted.
""5. Plain reading of Rule 80 of the Gujarat Civil Servic
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C/LPA/1234/2015 ORDER DATED: 18/01/2024
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es (Pension) Rules, 2002 would show that sub-
rule (1) applies to the cases where service gratuity
is required to be paid on account of the employee
retiring before completing qualifying service of ten
years. The subject of
pension is covered by the provisions of clauses (a) and
(b) of sub rule
(2) of Rule 80 and it is added by way of explanation in s
ubrule (3)that in calculating the length of qualifying ser
vice, fraction of a yearequal to six months and above
shall be treated as a complete year and reckoned as
qualifying service. Applying that extended definition,
the petitioner would have completed the period of ten
years of qualifying service even after acquisition of
lien and absorption in the service of the District
Education Committee. Therefore, the denial of even
provisional pension is based apparently on complete
misreading of Rule 80 and,therefore, the petitioner was
entitled to be paid at least provisional
pension immediately after his retirement since July,
2002.""
4.5 What learned single Judge has taken into account is the
provision of Sub rule (3) of Rule 80 of the Pension Rules, 2002 as
interpreted by learned single Judge in Dursinh Judgsinh
Rathod (supra) and accordingly allowed the petition directing
the respondents to pay the arrears of pension to the petitioner
with interest at 10% from the date of his superannuation till the
date of payment, the same is eminently just, proper and legal.
No case is made out to interfere.
5. The challenge in the Letters Patent Appeal is meritless. It
is accordingly dismissed.
(N.V.ANJARIA, J)
(SANDEEP N. BHATT,J)
Manshi
