Gujarat High Court

Decd. Kirit Arvindlal Tailor Through ... vs State Of Gujarat on 6 November, 2025

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                          C/SCA/9833/2019                                     JUDGMENT DATED: 06/11/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 9833 of 2019


                     FOR APPROVAL AND SIGNATURE:


                     HONOURABLE MR. JUSTICE MAULIK J.SHELAT

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                                 Approved for Reporting                      Yes           No
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                          DECD. KIRIT ARVINDLAL TAILOR THROUGH FATHER ARVINDLAL S.
                                                               TAILOR
                                                                Versus
                                                 STATE OF GUJARAT & ORS.
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                     Appearance:
                     MR ATIT D THAKORE(5290) for the Petitioner(s) No. 1
                     GOVERNMENT PLEADER for the Respondent(s) No. 1,2,8
                     MR HS MUNSHAW(495) for the Respondent(s) No. 2,3
                     NOTICE SERVED BY DS for the Respondent(s) No. 4,5,6,7
                     ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                         Date : 06/11/2025

                                                        ORAL JUDGMENT

1. Rule returnable forthwith. Learned Advocate Mr. Kirit R.

Patel waives service of notice of Rule on behalf of respondent

No. 3. Learned Assistant Government Pleader, Ms. Forum

Sukhadwala waives service of notice of Rule on behalf of

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respondent Nos. 1, 2 and 8. Though served, none appeared for

the rest of the respondents. As such their presence not

necessary to adjudicate the present writ petition.

2. Heard learned Advocate Mr. Atit D Thakore for the petitioner,

learned Advocate Mr. Kirit R. Patel for learned Advocate Mr.

H. S. Munshaw for the respondent No.3 and learned Assistant

Government Pleader, Ms. Forum Sukhadwala for the

respondent Nos. 1, 2 and 8 at length.

3. The present writ petition is filed under Article 226 of the

Constitution of India, seeking the following reliefs:

"[A] This Hon'ble Court may be pleased to issue appropriate writ, order or direction directing the respondents to make payment of pensionary benefits being pension, gratuity, leave encashment and other consequential benefits as per 5th and 6th Pay Commission scales, of Kirit Arvindlal Tailor, who had expired during the service, on 9/6/2014, to Rajubhai Arvindbhai Tailor, who is younger brother of the deceased,

[B] Pending the hearing and final disposal of the petition, this Hon'ble Court may be pleased to direct the respondents to initiate proceedings for making payment of pensionary benefits being pension, gratuity, leave encashment and other consequential benefits as per 5th and 6th Pay Commission scales, of Kirit Arvindlal Tailor, who had expired during the service, on 9/6/2014,

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to Rajubhai Arvindbhai Tailor, who is younger brother of the deceased, with interest @ 12% pa to the petitioner,

[C] To grant any such other and further reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the case,

[D] To award cost of this petition."

4. SUBMISSIONS OF THE PETITIONER:

4.1. Learned Advocate Mr. Thakore for the petitioner, would

submit that the son of the petitioner was working as an

Assistant Engineer with Sardar Sarovar Narmada Nigam

Limited (hereinafter referred to as "SSNNL") and died during

his service on 09/06/2014. It is submitted that, on sad demise of

son of petitioner, he being the father, claimed his service

benefits by making various representations which are annexed

along with this petition. It is further submitted that despite

repeated request made by the petitioner, who is by now aged

about 85 years, except one communication made by the office

of respondent Nos. 2 to 3 dated 12/06/2018, whereby, it sought

for necessary information from the office of respondent No. 3,

the same appears to have not been complied with till date by

respondent No. 3, there is nothing to show that respondents

have paid claimed benefits to petitioner.

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4.2. Learned Advocate Mr. Thakore would respectfully submit that

when it is not in dispute that the petitioner herein happens to

be the father of the late Kiritbhai Arvindlal Tailor, who was

working as an Assistant Engineer in SSNNL and died during

his service, the petitioner is entitled to receive all service

benefits accrued in favour of his late son.

4.3. Learned Advocate Mr. Thakore would further submit that

without any justification and any objection raised by anyone

else, the respondents cannot withhold such benefits, but

requires to pay the same immediately to the petitioner being an

old-age father of employee died during his service.

4.4. Making the above submissions, learned Advocate Mr. Thakore

would request this Court that suitable directions be issued to

the respondent authorities to decide the case of petitioner at the

earliest and release all retirement benefits as prayed in the

presented writ petition.

5. SUBMISSIONS OF THE RESPONDENT NO.3:

5.1. Per Contra, learned Advocate Mr. Patel would again request

for some time to file reply, which is not granted by this Court

as the present writ petition, though filed by the petitioner aged

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about 82 years in the year 2019, by now, the petitioner become

85 years old and it appears from previous orders passed by this

Court, respondents were sufficiently accommodated but failed

to file their reply.

5.2. Learned Advocate Mr. Patel would submit that some time may

be granted to respondent No. 3 to gather all requisite

details/information and send it to the appropriate authority for

further release of the amount in favour of the petitioner, if he is

eligible to receive it.

6. SUBMISSIONS OF THE RESPONDENT NOS. 1, 2 & 8:

6.1. So far as, the State is concerned, learned Assistant Government

Pleader Ms. Forum Sukhadwala would submit that as and

when information sought from respondent No. 3 received by

the competent authority, an appropriate decision will be taken

and thereafter, if the petitioner is found eligible, the service

benefits of late son of petitioner will be released accordingly.

7. No other and further submissions are being made.

8. Having heard the learned Advocates appearing for the

respective parties and after going through the averments made

in the present writ petition, not controverted by any of the

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respondents filing their reply, and so much so, after going

through documents annexed therewith, prima facie, it appears

that the petitioner being old-age person aged about 85 years,

lost his son, who was working as an Assistant Engineer in

SSNNL on 09/06/2014, but till date, for no reason, the

petitioner not received any service benefits as claimed in the

present writ petition from the respondent concerned. Further,

it appears that except for one letter addressed to respondent

No. 3 on 12th June 2018 by the office of respondent No. 2,

there is nothing on record to show that any final decision has

been taken by the respondent authorities in regards to the

release of service benefits in favour of the petitioner herein and

so also, no decision has been taken denying such benefits to be

given to the petitioner, as the case may be.

9. In the aforesaid facts and circumstances of the case, according

to my view, ex-facie the non-action of the respondents in not

taking any decision in regards to the request made by the

petitioner herein claiming death benefits of service of his son

amounts to arbitrariness, which requires to be interfered with

by this Court by exercising its powers under Article 226 of the

Constitution of India. Once, petitioner has made genuine

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request to release the service benefits on the death of his son

who undisputedly died during course of his service, it is legal

duty cast upon the respondent authorities to calculate such

amount and release such amount-benefits in favour of the

petitioner and/or beneficiary of such amount forthwith, but in

no case, respondents can take a stand that they will not release

the amount for no valid reason in favour of the petitioner.

10. In light of the aforesaid, the following directions are issued:

(i). The respondent No. 3 herein is hereby directed to give

the necessary and requisite details to respondent No.2 as

sought for by the office of respondent No. 2 pursuant to

its letter dated 12th June 2018 (Annexure-H) within a

period of 15 days from the date of receipt of the copy of

this order.

(ii). Once, such requisite details received from respondent

No. 3, the same shall be processed immediately by

respondent No. 2 within 15 days thereafter.

(iii). If so required, respondent No.2 and or any competent

respondents authority is also directed to calculate such

amount - service benefits payable to legal heirs of

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deceased employee within 15 days from aforesaid

process.

(iv). When such exercise will be completed by respondents

Nos. 2/3, an appropriate decision shall be taken by

respondent No. 2 in regards to the release of service

benefits as prayed in the present writ petition and

appropriate directions in this regard be given to

respondent No. 4 herein.

(v). If, respondents herein found the petitioner eligible to

receive the service benefits of the late Kirit Arvindlal

Tailor, on such retirement benefits as prayed in para-

8(A) of the present writ petition shall be released in

favour of the petitioner within 15 days thereafter.

(vi). In any case, all these exercise and benefits if payable to

petitioner, without fail, be paid by concern respondents

authority on or before 31st December, 2025.

(vii). The respective respondents herein should take note of the

aforesaid decisions and comply with it scrupulously

without fail, failing which, it is open for the petitioner to

initiate contempt proceeding against erring officials of

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