Gujarat Water Supply And Sewerage Board vs State Of Gujarat
2024 Latest Caselaw 847 Guj

Gujarat High Court

Gujarat Water Supply And Sewerage Board vs State Of Gujarat on 31 January, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                   NEUTRAL CITATION




       C/LPA/1420/2023                             ORDER DATED: 31/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/LETTERS PATENT APPEAL NO. 1420 of 2023
               In R/SPECIAL CIVIL APPLICATION NO. 506 of 2022
                                    With
                 CIVIL APPLICATION (FOR STAY) NO. 3 of 2023
                In R/LETTERS PATENT APPEAL NO. 1420 of 2023
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             GUJARAT WATER SUPPLY AND SEWERAGE BOARD
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
NIYATI D CHAUHAN(9082) for the Appellant(s) No. 1,2,3,4
 for the Respondent(s) No. 1
MS ASHLESHA M PATEL(6127) for the Respondent(s) No.
10,11,12,13,2,3,4,5,6,7,8,9
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                              Date : 31/01/2024

                        ORAL ORDER

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

Heard learned advocate Ms. Niyati Chauhan for the appellants.

2. The instant Letters Patent Appeal arises from judgment and order dated 20.07.2022 of learned single Judge in Special Civil Application No. 506 of 2022.

3. The issue involved in the petition was about entitlement of the original petitioners who retired on 30th June of particular year, to receive the increment falling due on 1st July, that is immediately the day next of retirement, which increment was relatable to the services rendered by the employees in the preceding year. Learned single Judge held in favour of

NEUTRAL CITATION

C/LPA/1420/2023 ORDER DATED: 31/01/2024

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the petitioners by allowing the Special Civil Application.

4. There is no gainsaying, rather it was fairly admitted by learned advocate appearing for the appellants 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)

(PRANAV TRIVEDI,J) C.M. JOSHI