Gujarat High Court
Jerambhai Mavjibhai Kareliya vs Bhavnagar Municipal Corporation on 24 November, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/5659/2023 JUDGMENT DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.5659 of 2023
FOR APPROVAL AND SIGNATURE :
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
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Approved for Reporting Yes No
YES
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JERAMBHAI MAVJIBHAI KARELIYA
Versus
BHAVNAGAR MUNICIPAL CORPORATION
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Appearance :
MS MESHWA BHATT FOR MR DG SHUKLA for the Petitioner.
MR. KULDEEP D VAIDYA for the Respondent.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/11/2025
ORAL JUDGMENT
1. I have heard Ms. Meshwa Bhatt, learned advocate
appearing for Mr. D. G. Shukla for the petitioner and learned
advocate Mr. Kuldeep D. Vaidya for the respondent - Bhavnagar
Municipal Corporation.
2. It was contended before this Court by learned advocate
Ms. Bhatt that the issue involved in the present petition is a
covered issue and the same has attained finality upto the Hon'ble
Supreme Court and hence, with the consent of learned advocates
appearing for the respective parties, the matter was taken up for
final hearing. Hence, Rule. Learned advocate Mr. Kuldeep D.
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C/SCA/5659/2023 JUDGMENT DATED: 24/11/2025
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Vaidya waives service of rule on behalf of respondent - Bhavnagar
Municipal Corporation.
3. By way of this petition, the petitioner has prayed for the
following reliefs :-
"(A) Your Lordships may be pleased to allow this
petition with costs and be pleased to issue a writ of
mandamus or any other appropriate writ, order or
directions directing the Respondent Corporation to
forthwith pay Regular Monthly Pension to the
petitioner herein on the basis of his date of
employment as 29.07.1989, arrears of Pension, etc.
along with 9% simple interest per annum on the
delayed payment in the interest of justice;"
4. The brief facts of the petition as stated by learned
advocate Ms. Meshwa Bhatt is stated as under :-
4.1 That on 26.7.1989, the petitioner was employed as
Mali-cum-Chowkidar in Garden Department of respondent -
Corporation initially on ad-hoc basis and thereafter, was made
permanent employee vide order dated 26.10.1990 on the basis of
selection made by the Staff Selection Committee which decided to
make 28 ad-hoc Chowkidars and Gardeners as permanent
Chowkidars w.e.f. 1.10.1990 in the pay scale of Rs.210-5-235-7-270
with Basic pay of Rs.210/- and other admissible allowances. As the
petitioner was at Sr. No.26 in the said office order, he was posted
as Permanent Chowkidar (Watchman) in the Garden Department of
the respondent Corporation. Thereafter, the petitioner and other
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Chowkidars who had passed SSC including the cadre of Peons were
promoted to the cadre of Clerk in the pay scale of Rs.1150-25-1525
initially on ad-hoc basis and were placed under Bus Traffic
Department. Thereafter, the petitioner was transferred from one
Department to another Department and ultimately, the petitioner
retired on 28.2.2022 upon attaining the age of superannuation
after rendering 32 years of service. However, the petitioner was
not given benefit of Pension Scheme. Though according to the
petitioner, his services were regularized in accordance with
Government Resolution dated 24.8.1994, it is the action of the
respondents of not paying regular monthly pension to the
petitioner as the petitioner was not held entitled to the monthly
pension under the Pension Scheme, this petition is preferred with
the prayers which are already incorporated in the foregoing
paragraph.
5. Learned advocate Ms. Meshwa Bhatt appearing for the
petitioner submitted that the issue on hand is squarely covered by
the decision of the coordinate Bench of this Court which has been
affirmed by the Division Bench of this Court and the Hon'ble
Supreme Court. She further submitted that in the decision of this
Court, the employees were initially serving under Bus Traffic
Department which was subsequently handed over to a Private
Company and thereafter, the petitioners of that petition were taken
back in service and their services were regularized and the
petitioners of that petition were superannuated after regularization
and, therefore, the coordinate Bench of this Court held that they
are entitled for Pension and they were permitted to be converted
from CPF to GPF and the said view was affirmed by the Division
Bench of this Court as well as the Hon'ble Supreme Court.
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6. Ms. Bhatt relied upon the CAV decision dated
23.9.2022 passed by the coordinate Bench of this Court in the case
of Manish G. Gagwani v. State of Gujarat and others, Special Civil
Application No.6243 of 2008 and allied matters. The said decision
was affirmed by the Division Bench of this Court vide order dated
10.4.2023 passed in Letters Patent Appeal No.49 of 2023 and allied
matters and also by CAV judgment dated 19.9.2024 rendered in
Letters Patent Appeal No.50 of 2023 and allied matters. The said
decision was carried before the Hon'ble Supreme Court by way of
Special Leave Petition (Civil) Diary No.37146 of 2025 and the
Hon'ble Supreme Court vide order dated 18.8.2025 affirmed the
decision of the Division Bench of this Court and, therefore, the
issue on hand is squarely covered. She, therefore, prayed that the
present petition may be allowed.
7. Learned advocate Mr. Kuldeep D. Vaidya appearing for
the respondent - Bhavnagar Municipal Corporation could not
dispute the aforesaid factual and legal position and tendered the
affidavit-in-reply in which following averments are made in
paragraphs 3 and 4 thereof :-
"3. I say and submit that after filing the
aforementioned affidavit in reply, the issue involved
in the present matter being grant of pension/GPF to
the employees of the Bus Traffic department
(Transport Department) has been decided by this
Hon'ble Court in case of similarly situated
employees of the respondent Municipal Corporation
by a judgment dated 19.9.2024 passed in Letters
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Patent Appeal No.50 of 2023 in Special Civil
Application No.1159 of 2017 and allied matters
whereby it is held that the employees of Bus Traffic
(Transport) Department are eligible for grant of
pension by adjusting the amount of CPF and by
carrying out necessary procedure for opening GPF
account. The said judgment passed in LPA No.50 of
2023 passed by this Hon'ble Court has thereafter
been confirmed by the Hon'ble Supreme Court of
India by order dated 18.8.2025 passed in Special
Leave Petition (Civil) Diary No.37146 of 2025 and
allied matters. For the ready reference of this
Hon'ble Court the judgment dated 19.9.2024 passed
in LPA No.50 of 2023 and allied matters along with
the order dated 18.8.2025 passed in Special Leave
Petition (Civil) Diary No.37146 of 2025 and allied
matters are annexed hereto and marked as
ANNEXURE - 1 (Colly.).
4. It is to be submitted that as the petitioner
herein was also an employee of the Bus Traffic
(Transport) Department of the respondent Municipal
Corporation, the issue involved in the present
petition is covered by the aforementioned judgment
passed by this Hon'ble Court which is confirmed by
the Hon'ble Supreme court of India."
8. In view of the above stand taken by Bhavnagar
Municipal Corporation, learned advocate Mr. Vaidya has submitted
that appropriate order be passed.
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9. I have heard learned advocates appearing for the
respective parties and perused the record. Upon perusal of the
record and more particularly, affidavit-in-reply filed by the
respondent, it transpires that the issue on hand has already been
decided by the coordinate Bench of this Court which has been
confirmed by the Division Bench of this Court and the Hon'ble
Supreme Court. The coordinate Bench vide CAV decision dated
23.9.2022 in the case of Manish G. Gagwani v. State of Gujarat and
others, Special Civil Application No.6243 of 2008 and allied
matters, has observed in paragraph 27 as under :-
"27. Considering the above conspectus of law,
these petitions are allowed. The respondents are
directed to consider the case of each of the
petitioners for payment of pension and retirement
benefits including family pension to the legal heirs,
if any, together with interest at the rate of 6% per
annum from date of superannuation till the date of
payment of pension and other retirement benefits to
each of the employee, within a period of 12 weeks
from the date of receipt of copy of this order."
10. Thereafter, the Division Bench vide oral order dated
10.4.2023 passed in Letters Patent Appeal No.49 of 2023 and allied
matters dismissed the said appeals and confirmed the decision of
the coordinate Bench of this Court rendered in Special Civil
Application No.6243 of 2008.
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11. Another Division Bench vide CAV judgment dated
19.9.2024 passed in Letters Patent Appeal No.50 of 2023 and allied
matters, observed in paragraphs 33 and 34 as under :-
"33. All the Letters Patent Appeals are allowed in
part, since we do not agree with the directions
issued by the learned Single Judge granting interest
on the payment of pension at the rate of 6% per
annum from the date of superannuation till the date
of payment. Looking to the nature of the
controversy, we are not inclined to approve the
direction granting interest since the respondents-
employees were already paid the CPF amount. The
grant of interest will further create issues in
adjusting the amount. Additionally, no prayer has
been made in the writ petitions claiming interest.
Hence, we set aside the direction with regard to the
payment of interest.
34. The Letters Patent Appeals are partly-allowed
by issuing following directions :-
"The appellant - Bhavnagar Municipal Corporation
shall fix and pay the pension along with arrears(if
any), by adjusting the amount of Contributory
Provident Fund. The amount which is required to be
adjusted under both the heads shall include the
amount of interest also. Necessary procedure for
opening the GPF accounts shall be undertaken. The
respondents are directed to fully co-operate with the
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Corporation. The entire exercise including the
payment of pension shall be completed within a
period of three months from the date of receipt of
the order of this Court."
12. The aforesaid orders were subject matter of challenge
before the Hon'ble Supreme Court by way of Special Leave Petition
(Civil) Diary No.37146 of 2025 preferred by Bhavnagar Municipal
Corporation wherein vide order dated 18.8.2025, the Hon'ble
Supreme Court has dismissed the Special Leave Petition and
confirmed the order passed by the Division Bench of this Court.
13. In view of the above, it is crystal clear that identically
situated persons are granted the benefit of pension as well as
considering the affidavit filed by the respondent - Bhavnagar
Municipal Corporation, which is reproduced in the foregoing
paragraph, the present petition is also required to be allowed in
accordance with the prayer made in paragraph 10 (A). However, it
is clarified that the petitioner shall not be entitled to any interest as
per the CAV judgment dated 19.9.2024 passed by the Division
Bench of this Court in Letters Patent Appeal No.50 of 2023 and
allied matters which is confirmed by the Hon'ble Supreme Court.
14. Accordingly, the petition is allowed in part. Rule is
made absolute to the aforesaid extent. No order as to costs.
Direct service is permitted.
Sd/-
(NIRZAR S. DESAI,J)
SAVARIYA
