Gujarat High Court
Babulal Kanjidas Patel vs Jagdish Prasad Gupta, Ias on 3 February, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/MCA/1821/2024 ORDER DATED: 03/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1821 of 2024
In
R/SPECIAL CIVIL APPLICATION NO. 20676 of 2023
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BABULAL KANJIDAS PATEL
Versus
JAGDISH PRASAD GUPTA, IAS & ORS.
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Appearance:
MS PRACHI UPADHYAY(5857) for the Applicant(s) No. 1
NOTICE SERVED for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 03/02/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. At the outset, learned AGP has submitted that the
applicant is already paid the benefit from 01.05.2023 and
compliance has been made as per the directions of the
Supreme Court vide order dated 06.09.2024 passed in
Miscellaneous Application Diary No.2400/2024 in Special
Leave Petition (C) No.4722/2021.
2. At this stage, we may refer to the decision of this Court
dated 30.01.2025 passed in Miscellaneous Civil
Application (for Contempt) No.702 of 2024 in Special
Civil Application No.17521 of 2023. Paragraph No.5
NEUTRAL CITATION
C/MCA/1821/2024 ORDER DATED: 03/02/2025
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reads as under :-
"5. Thereafter, the State Government had promulgated a policy
for conferring the benefits of one increment to the thousands of
employees working across various local bodies and various
departments of State of Gujarat. The said policy was thereafter,
withdrawn in view of the order passed by the Supreme Court
dated 06.09.2024 passed in Miscellaneous Application Diary
No.2400/2024 in Special Leave Petition (C) No.4722/2021. The
Supreme Court vide order dated 06.09.2024 had issued
clarificatory directions, clarifying the manner and method in
which the aforesaid benefit of one increment is required to be
extended. Such clarificatory directions are issued in case of C.P.
Mundinamani And Ors. (supra). Such directions are as under :
"The issue raised in the present applications requires
consideration, insofar as the date of applicability of the
judgment dated 11.04.2023 in Civil Appeal No. 2471/2023,
titled "Director (Admn. and HR) KPTCL and Others v. C.P.
Mundinamani and Others", to third parties is concerned. We
are informed that a large number of fresh writ petitions have
been filed.
To prevent any further litigation and confusion, by of an
interim order we direct that:
(a) The judgment dated 11.04.2023 will be given effect to in
case of third parties from the date of the judgment, that is,
the pension by taking into account one increment will be
payable on and after 01.05.2023. Enhanced pension for the
period prior to 31.04.2023 will not be paid.
(b) For persons who have filed writ petitions and succeeded,
the directions given in the said judgment will operate as res
judicata, and accordingly, an enhanced pension by taking one
increment would have to be paid.
NEUTRAL CITATION
C/MCA/1821/2024 ORDER DATED: 03/02/2025
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(c) The direction in (b) will not apply, where the judgment has
not attained finality, and cases where an appeal has been
preferred, or if filed, is entertained by the appellate court.
(d) In case any retired employee has filed any application for
intervention/impleadment in Civil Appeal No. 3933/2023 or any
other writ petition and a beneficial order has been passed, the
enhanced pension by including one increment will be payable
from the month in which the application for
intervention/impleadment was filed.
This interim order will continue till further orders of this
Court. However, no person who has already received an
enhanced pension including arrears, will be affected by the
directions in (a), (c) and (d)."
3. In view of the above, the present contempt petition is
disposed of.
4. It is also clarified that in case, the Supreme Court issues
further directions, and the same has direct bearing on the
issue of grant of one increments, it will be open for
either of the parties to file appropriate proceedings.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(GITA GOPI, J)
CAROLINE / DB # 1
