Gujarat High Court
Gujarat Water Supply And Sewerage Board vs Mevada Vishnuprasad Devachanddas on 2 May, 2025
Author: Biren Vaishnav
Bench: Biren Vaishnav
NEUTRAL CITATION
C/MCA/904/2025 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 904 of 2025
In R/CIVIL APPLICATION NO. 1476 of 2024
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GUJARAT WATER SUPPLY AND SEWERAGE BOARD
Versus
MEVADA VISHNUPRASAD DEVACHANDDAS & ORS.
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Appearance:
NIYATI D CHAUHAN(9082) for the Applicant(s) No. 1
MR. SIDDHARTH RAMI, AGP for the Opponent(s) No. 25,26
MS ASHLESHA M PATEL(6127) for the Opponent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,5,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 02/05/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. The applicant has filed the present application
seeking review of final order dated 22.3.2024 passed in
Civil Application (For Condonation of Delay) No. 1476 of
2024 in F/Letters Patent Appeal No. 2633 of 2024 in SCA
No. 13432 of 2023.
2. Heard Ms. Niyati Chauhan, learned advocate for the
applicant, Ms. Ashlesha Patel, learned advocate for the
opponent Nos. 1 to 24 and Mr. Siddharth Rami, learned
AGP for the Opponent No.25, 26.
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3. The Coordinate Bench of this Court has passed
following order dated 26.3.2025 in LPA No. 462 of 2025
and allied matters, which reads as under:
"1. The issue pertains to the grant of one increment to
the employees of the entire State, who have retired from
services and are getting pension.
2. The genesis of the entire litigation, as mentioned in
numerous orders passed by this Court in various
proceedings, lies in the judgment and order of the
Supreme Court in Civil Appeal No.2471 of 2023 (SLP (c)
No.9185 of 2020) in the case of The Director (Admin &
HR) KPTCL and others Vs C.P. Mundinamani and Ors.,
dated 11th April, 2023. Large number of employees are
extended the benefit of one increment as per the
directions issued by the learned Single Judges and on
disposals of the Letters Patent Appeals in light of the
judgment of the Supreme Court in the case of C.P.
Mundinamani and Ors. (supra).
3. Thereafter, it appears that an application being
Miscellaneous Application Diary No.2400 of 2024 was
filed before the Apex Court seeking clarification of the
said judgment, and accordingly, the Supreme Court
passed an order dated 6th September, 2024 clarifying the
manner in which the benefit of one increment has to be
extended.
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4. After the disposal of the matters, the Supreme
Court finally, in the order dated 20 th February, 2025
passed in Miscellaneous Application Diary No.2400 of
2024, has laid quietus to the entire issue of granting the
benefit of one increment to the employees by further
clarifying the order dated 6th September, 2024. The
entire order is incorporated as under :
"Delay condoned.
We had passed the following interim order
dated 06.09.2024, the operative portion of which
reads as under:
"(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.
(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."
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We are inclined to dispose of the present miscellaneous
applications directing that Clauses (a), (b) and (c) of the order
dated 06.09.2024 will be treated as final directions. We are,
however, of the opinion that Clause (d) of the order dated
06.09.2024 requires modification which shall now read as under:
"(d) In case any retired employee filed an
application for intervention/impleadment/writ
petition/original application before the Central
Administrative Tribunal/High Courts/this Court,
the enhanced pension by including one
increment will be payable for the period of three
years prior to the month in which the
application for intervention/ impleadment/ writ
petition/ original application was filed."
Further, clause (d) will not apply to the retired government
employee who filed a writ petition/original application or an
application for intervention before the Central Administrative
Tribunal/High Courts/this Court after the judgment in "Union of
India & Anr. v. M. Siddaraj", as in such cases, clause (a) will apply.
Recording the aforesaid, the miscellaneous applications are
disposed of.
We, further, clarify that in case any excess payment has
already been made, including arrears, such amount paid will not
be recovered.
It will be open to any person aggrieved by non-compliance
with the directions and the clarification of this Court, in the
present order, to approach the concerned authorities in the first
instance and, if required, the Administrative Tribunal or High
Court, as per law.
Pending applications including all intervention/impleadment
applications shall stand disposed of in terms of this order.
Contempt Petition (Civil) Diary Nos. 38437/2023, 38438/2023,
11336/2024 and 20636/2024
In view of the order passed today in the connected matters,
that is, M.A. Diary No. 2400 OF 2024 and other connected
applications, the present contempt petitions will be treated as
disposed of with liberty to the petitioners to take recourse to
appropriate remedies, if required and necessary, as indicated
supra. It goes without saying that the respondents shall examine
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the cases of the petitioners/ applicants in terms of the order passed
today and comply with the same expeditiously.
Pending application(s), if any, shall stand disposed of. "
5. Mr. Virk, learned Government Pleader for the
respondent-State has submitted that thereafter the
Secretaries of various Departments of the State
Government had undertaken exercise in order to
implement the aforesaid order. It is submitted that as
per his understanding, the pending or disposed cases
can be categorized in three categories as observed by
the Supreme Court in the order dated 20 th February,
2025. It is also submitted by him that the Supreme
Court has also clarified that in case any excess payment
has already been paid to the employees including
arrears, such amount paid, will not be recovered. Mr.
Virk, learned Government Pleader for the respondent -
State has tendered the explanatory note as under :
"1. All issues pertaining to one increment have been
decided in rem by the Hon'ble Supreme Court of
India in Union of India & Anr. Versus M. Siddaraj
(Misc. Application Diary No.2400 of 2024 in Civil
Appeal No.3933 of 2023).
2. It is respectfully suggested that cases related to
'One Increment' may be categorised in the following
three categories:
A. The judgment of the Hon'ble Supreme Court
in KPTCL (Civil Appeal No.2471 of 2023) will be
given effect to in case of third parties from
11.04.2023; and pension by taking into account one
increment will be payable on or after 01.05.2023,
with it being clarified that enhanced pension will not
be paid for the period prior to 31.04.2023.
B. For cases where:-
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I. The judgment has not attained finality,
II. Cases where appeal has been preferred,
III. Cases where appeal - if filed - is
entertained by the appellate Court, the
directions in 'b' will not apply.
C. In cases where retired employees have
filed writ petitions before this Hon'ble Court and the
said writ petitions are pending as on 20.02.2025
(date of SC order) one increment will be payable for a
period of 3 years prior to the month in which the writ
petition was filed, in terms of newly introduced
direction "d" of the SC Order.
The treatment to be given in terms clause "d"
will not apply to retired government employees
who have filed writ petitions before this
Hon'ble Court after the judgment dated
19.05.2023 in M. Siddaraj (Civil Appeal
No.3933 of 2023) and for such litigants who
have filed writ petition before this Hon'ble
Court on and after 19.05.2023 the treatment as
envisaged in clause "a" of the SC order would
be given."
6. In response to the aforesaid submission, learned
advocates appearing for the respective employees have
submitted that they have apprehension that the State
Government will not extend the benefits as directed by
the Supreme Court, hence liberty may be reserved in
favour of the employees to file appropriate proceedings
in case the respondent - State authorities falters in
implementing the directions of this Court and also in any
cases consequential recovery is made from such
employees in whose favour the judgments of this Court
are already implemented and they are already extended
the benefit of one increment.
6.1 Learned advocates appearing for the employees
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have further urged that the direction issued by the
Supreme Court may be further clarified so that the same
may not lead to an anomalous situation leading to
further litigation.
7. The issue of one increment, which emanated from
the judgment of the Supreme Court in case of C.P.
Mundinamani and Ors. (supra) has been followed by
this Court in various judgments and orders either passed
by the learned Single Judges or by the Division Benches.
It appears that thereafter Misc. Civil Application for
review or clarification was filed before the Supreme
Court and initially the Supreme Court, in the order
dated 6th September, 2024, clarified the directions
issued in the said judgment of C.P. Mundinamani and
Ors. (supra) and four directions were incorporated by
the Supreme Court for extending the benefit of one
increment.
8. Accordingly, numerous petitions, contempt
applications and Letters Patent Appeals were disposed
of in line of the order dated 6 th September, 2024.
However, the Supreme Court finally, in the order dated
20th February, 2025, has further clarified the order
dated 6th September, 2024. An attempt is made by the
learned Government Pleader and the learned advocates
appearing for the employees to further clarify the
directions issued by the Supreme Court in the
aforementioned orders. The learned advocates
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appearing for the employees have raised an
apprehension that the State will not pay the benefit of
one increment as per the orders passed by the Apex
Court.
9. We cannot either substitute or further issue any
clarificatory directions to the order dated 20 th February,
2025 issued by the Supreme Court. We can also neither
supplement nor supplant. The State Government cannot
implement the directions of the Supreme Court by its
own understanding either putting a new clause or fresh
explanation to the order dated 20 th February, 2025. The
order passed by the Supreme Court dated 20 th February,
2025 is self-explanatory, and we do not find that any
further directions are required to be issued, except that
the State Government shall follow the directions issued
by the Supreme Court in letter and spirit. The Supreme
Court has already clarified that in case any excess
payment has already been made to the employees, such
amount paid, will not be recovered. Thus, it is not open
for the State Government or the Statutory Bodies to
affect any recovery from the employees who have been
extended the benefit of one increment as directed by
this Court in various judgments in case of each of the
employees except in those cases where the employees
are not entitled as per law.
10. We can only further clarify that in case the
respondent State authorities falter in implementing the
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directions issued by the Supreme Court and in case the
benefit of one increment, which is yet to be paid to the
number of employees of the State of Gujarat, is not paid
as directed by the Apex Court, and they are aggrieved
by such action, either of recovery or fixation of
increment, it will be open for them to file appropriate
proceedings before appropriate forum.
11. We further direct that in case the benefit of one
increment or arrears remains unpaid to the employees,
the State Government shall extend such benefits to them
within a period of four months.
12. It is also noticed by us that various matters are
filed by the employees through their respective Union/
Associations/ Mandals. In such matters, such
Unions/Associations/Mandals shall instruct all its
individual members to file a representation before their
parent departments giving all their service details. After
such details are received, the State Government
/Department shall extend the benefit of one increment,
as directed by the Supreme Court in the order dated 20 th
February, 2025.
13. At this stage, Mr. Virk, learned Government
Pleader has submitted that there are more than 32,000
applications, which are required to be scrutinized, hence
it is urged by him that the limitation of four months, as
fixed by this Court, may further be extended to six
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months. The request is acceded to. We direct all the
departments of the State Government to verify the cases
of each of the individuals and upon such verification, the
benefit/arrears of increment shall be extended within a
period of six months.
14. It is further clarified that the retired employees,
who were serving and have retired from the Statutory
bodies having the pension scheme, shall only be entitled
to the benefit of one increment.
15. Thus, all the proceedings are disposed of in terms
of the order dated 20th February, 2025 passed by the
Supreme Court.
4. The aforesaid order dated 26.3.2025 passed by the
Coordinate Bench of this Court will govern the case of the
original respondents in the petition.
The Misc. Civil Application is, accordingly, allowed.
(BIREN VAISHNAV, J)
(PRANAV TRIVEDI,J)
SAJ GEORGE
