Gujarat High Court
Bharatbhai Sumanchandra Acharya vs State Of Gujarat on 26 June, 2024
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/6237/2020 ORDER DATED: 26/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6237 of 2020
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 6237 of 2020
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BHARATBHAI SUMANCHANDRA ACHARYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MS POOJA ASHAR, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5,6,7,8,9
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 26/06/2024
ORAL ORDER
1. Heard Mr. K.B. Pujara, learned advocate appearing for the
petitioner and Ms. Pooja Ashar, learned AGP appearing for the
respondent authorities.
2. The petitioner herein was appointed as a Medical Officer
under the respondents by appointment order dated
03.10.1981. The petitioner joined his duties on 13.10.1981.
The petitioner was implicated in ACB Trap Case on 19.03.1985
and was placed under suspension on 04.07.1987. The
petitioner came to be acquitted by the judgment and order
dated 23.03.1994 passed in Special Case No.5 of 1988 by the
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learned Special Judge, Ahmedabad (Rural). In view thereof, the
petitioner was required to be re-instated in service forthwith
however, the petitioner came to be re-instated belatedly on
20.08.1998. The petitioner was actually re-instated on
06.02.1999. In view thereof, the intervening period of
suspension from 04.07.1987 to 06.02.1999, was not
regularized. The petitioner was not paid any subsistence
allowance for the period of suspension from 04.07.1987 to
06.02.1999 and therefore, the said amount is also required to
be paid to the petitioner.
2.1 The acquittal in favour of the petitioner also came to be
confirmed by order dated 26.08.2009 in Criminal Appeal
No.645 of 1994. In the meantime, the petitioner came to be
dismissed pursuant to the departmental proceedings initiated
against the petitioner by chargesheet dated 28.02.2005, by
order dated 07.04.2011 which was subject matter of review
under Rule 24 of the Gujarat Civil Services (Discipline &
Appeal) Rules, 1971. The order of dismissal came to be
reviewed by cancelling the order of dismissal and the same
was reviewed to the penalty of reduction of two increments
without future effect by order dated 13.04.2012. The
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intervening period from 07.04.2011 to 17.05.2012 remained to
be regularized.
2.2 In light of the aforesaid facts, the petitioner herein made
several representations to the respondent authority however,
the same was not exceeded to and in view thereof, the
petitioner is constrained to approach this Court seeking the
following reliefs:
"8. The petitioner therefore humbly prays that YOUR LORDSHIPS BE
PLEASED to issue a writ of or in the nature of mandamus and/or
certiorari and/or prohibition and/or any other appropriate writ, order or
direction:-
(a) to issue Notice for final disposal on returnable date;
(b) to direct the respondents to forthwith finalise the process of
regularisation of the intervening period of 14 years and 12 days and to
carry out the necessary pay-fixations and to finalise the Pension and to
pay all the retirement benefits of Gratuity, Commuted Value of Pension
(CVP), Group Insurance and Arrears of Pension together with interest at
the rate of 18% per annum;
(c) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION,
BE PLEASED to direct the State Government to finalise the process of
regularisation of the intervening period of 14 years and 12 days for
which proposal is pending with the State Government since the year
2016 as per Annexure-G Colly;
(d) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION,
BE PLEASED to direct the respondents to carry out pay-fixations of the
petitioner under 5th, 6th and 7th Pay Commission w.e.f. 1-1-1996,
respectively; 1-1-2006 and 1-1-2016
(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION,
BE PLEASED to direct the respondents to issue the Final Pension
Payment Order (PPO) and to make payment of the retirement benefits
due to the petitioner, along with arrears;
(f) to direct the respondents to forthwith pay the * unpaid amount
of subsistence allowance to the petitioner for the period of suspension
from 4-7-1987 to 6-2-1999.
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(g) to direct the respondents to pay interest at the rate of 18% per
annum w.e.f. 28-2-2019 (the date of retirement of the petitioner) on all
the monetary benefits payable to the petitioner;
(h) to allow this petition with costs of Rs. 1,75,000/-;
(i) to grant any other appropriate and just relief/s;
(j) to direct the respondents to treat the petitioner's earlier bonded
and ad-hoc service from 13-10-1981 to 1-2-2009 as continuous with
his regular service from 2-2-2009 as Medical Officer, Class-II for the
purposes of leave, salary and pension in accordance with the G.Rs. at
Annexure-K Colly.
(k) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION,
BE PLEASED to direct the Respondent Nos. 1 and 2 to consider and
finalise the issue about treating the petitioner's earlier ad- hoc service
as continuous with the subsequent regular service for the purposes of
leave, salary and pension in accordance with the relevant Govt.
Resolutions as per Annexure-K Colly."
3. Pending the present petition, the grievance of the
petitioner stands mainly satisfied.
4. Mr. K.B. Pujara, learned advocate appearing for the
petitioner, submitted that the petitioner is entitled to interest
for the unpaid amount of subsistence allowance to the
petitioner for the period of suspension from 04.07.1987 to
06.02.1999 which came to be paid to the petitioner after a
period of more than 24 years on 23.11.2022 as also, the
difference in salary from 06.02.1999 to 28.02.2019 which
came to be paid on 17.12.2022 as well as Leave Encashment
difference which was paid to the petitioner on 17.12.2022. It is
submitted that the aforesaid amounts are paid to the
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petitioners to the tune of Rs.66,60,690/- after a lapse of
substantial period and in view thereof, interest is payable to
the petitioner for the interregnum period.
5. Ms. Pooja Ashar, learned AGP appearing for the
respondent authorities, is not in a position to controvert the
aforesaid factual position. It is however, submitted that the pay
difference between 06.02.1999 to 28.02.2019 was paid to the
petitioner on 17.12.2022 and the Leave Encashment difference
was also paid to the petitioner on the even date and in view
thereof, the interest may not be calculated on the aforesaid
amount which is paid to the petitioner though, there is a delay
of 3 years and 10 months.
6. In light of the aforesaid submissions, considering the
delay of about 24 years in releasing the subsistence allowance
for the period of suspension from 04.07.1987 to 06.02.1999;
having been paid on 17.12.2022, the petitioner herein be paid
interest for the aforesaid period at the rate of 9% p.a on the
delayed payment from the date when the actual amount was
due and payable. The aforesaid exercise be undertaken within
a period of six weeks from the date of receipt of this order. The
aforesaid order is passed in the peculiar facts of the present
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case.
7. With the aforesaid, the present petition stands disposed
of.
8. Since the main matter is disposed of, the connected civil
application would not survive and stands disposed of
accordingly.
(VAIBHAVI D. NANAVATI,J)
NEHA
