District Development Officer vs Sorath Junagadh Jilla Nivratt Prathmik ...
2024 Latest Caselaw 531 Guj

Gujarat High Court

District Development Officer vs Sorath Junagadh Jilla Nivratt Prathmik ... on 19 January, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                  NEUTRAL CITATION




       C/LPA/35/2024                              ORDER DATED: 19/01/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/LETTERS PATENT APPEAL NO. 35 of 2024
            In R/SPECIAL CIVIL APPLICATION NO. 18601 of 2022
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
               In R/LETTERS PATENT APPEAL NO. 35 of 2024
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                DISTRICT DEVELOPMENT OFFICER
                              Versus
     SORATH JUNAGADH JILLA NIVRATT PRATHMIK SHIKSHAK SANGH
==========================================================
Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 1,3,4,5,6,7,8
MS. SHRUTI DHRUVE, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                            Date : 19/01/2024

                        ORAL ORDER

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

Heard learned advocate Mr. H. S. Munshaw for the appellant- District Panchayat, Junagadh.

2. The instant Letters Patent Appeal arises from common judgment and order dated 20.07.2023 of learned single Judge in Special Civil Application No. 18601 of 2022 and group of petitions. The present Letters Patent Appeal corresponds to Special Civil Application No. 18601 of 2022.

3. The issue involved in the petition was about entitlement of the original petitioner who retired on 30th June of particular year, to receive the increment falling due on 1st July, that is immediately the day next of

NEUTRAL CITATION

C/LPA/35/2024 ORDER DATED: 19/01/2024

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retirement, which increment was relatable to the services rendered by the employee in the preceding year. Learned single Judge held in favour of the petitioner by allowing the Special Civil Application.

4. There is no gainsaying, rather it was fairly admitted by learned advocate appearing for the appellant and learned Assistant Governemnt Pleader for the respondent-State that the issue is no longer res integra in view of the decision of the Apex Court in the Director (Admin. & HR) 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.

4.1 As rightly observed by learned single Judge the said decision in Takhatsinh Udesinh Songara (supra) stood confirmed by the Supreme Court in view of the decision in C.P.Mundinamani & Ors. (supra).

5. In view of the above, the appeal stands meritless. It is dismissed. Civil Application for stays stands disposed of accordingly.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) C.M. JOSHI