Gujarat High Court
Gujarat Water Supply And Sewerage Board vs Chhaganbhai Becharbhai Zala on 15 September, 2025
NEUTRAL CITATION
C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7656 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
✔
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GUJARAT WATER SUPPLY AND SEWERAGE BOARD & ANR.
Versus
CHHAGANBHAI BECHARBHAI ZALA & ORS.
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Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1,2
MS ASHLESHA M PATEL(6127) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 15/09/2025
ORAL JUDGMENT
1. The present petition is filed challenging the order passed
by the learned Appellate Authority dated 29.01.2025, whereby
the learned Appellate Authority set aside the order passed by the
learned Controlling Authority in Gratuity Case No.72 of 2023 and
directed the learned Controlling Authority to decide the same,
keeping in mind two issues with regard to the applicability of
GCSR Rule, 2002 and interest on the delay payment of gratuity
amount.
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2. It is the case of the present petitioner that the respondent
No.1 was appointed as an Assistant Engineer on 06.02.1990 with
the petitioner - Board and was promoted as a Deputy Executive
Engineer on 07.04.2003. Respondent No.1 was posted at Anjar,
District Kutchh and he was entrusted with the additional charge
of Executive Engineer between 01.03.2019 to 08.09.2019.
Thereafter, he was given regular promotion on the said post from
12.09.2019 and he was posted at Amreli. Subsequently, he was
posted at Jamnagar on 21.03.2002 and retired on attaining the
age of superannuation on 30.04.2023. Prior to retirement, he was
issued a charge-sheet on 16.03.2023, alleging various
irregularities while holding the additional charge of Executive
Engineer at Anjar during 01.03.2019 to 08.09.2019. As the
charge-sheet was issued before attaining the age of
superannuation, he was permitted to retire conditionally and the
departmental proceedings was proceeded. At the end of the
departmental proceedings, punishment was imposed by
forfeiting the gratuity to the tune of Rs.10,00,000/- vide order
dated 17.06.2023. Claiming the said amount, an application came
to be filed before the learned Controlling Authority with issues
relating to the applicability of GCSR Rule, 2002 and the
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entitlement to interest on the delayed payment of gratuity. The
learned Controlling Authority, vide its order dated 03.07.2024,
rejected the application filed by the present respondent, which
was challenged before the learned Appellate Authority by filing a
gratuity appeal being Gratuity Appeal No.97 of 2024. The learned
Appellate Authority, by the order dated 29.01.2025, allowed the
appeal and set aside the order passed by the learned Controlling
Authority dated 03.07.2024 and the application was remanded
back to the learned Controlling Authority with a direction to
decide the issue of applicability of GCSR Rule 2002 and the
entitlement to interest on the delayed payment of the
Rs.10,00,000/- of gratuity amount, which is the subject matter of
challenge before this Court.
3. Heard learned advocate Mr. H. S. Munshaw for the
petitioner and the learned advocate Ms. Ashlesha M. Patel for
the respondent.
4. Learned advocate Mr. Munshaw submits that the learned
Controlling Authority, after considering the submissions made by
both parties, has dismissed the application on the ground that in
the departmental proceedings, the punishment of forfeiture of
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Rs.10,00,000/- of gratuity amount was imposed and the
respondent is not entitled to the amount of Rs.10,00,000/- as
well as interest thereon. Learned advocate Mr. Munshaw submits
that no error has been made by the learned Appellate Authority,
learned Appellate Authority has committed an error in allowing
the appeal and remanding it back to the learned Controlling
Authority for deciding the issue afresh.
5. On the other hand, learned advocate Ms. Patel has
submitted that the learned Controlling Authority did not decide
the issue with regard to the applicability of GCSR Rule 2002 and
interest on the delayed payment of gratuity. Learned advocate
Ms. Patel submits that though the said issue was raised before
the learned Controlling Authority, while rejecting the application,
it has not given any convincing reasons to that effect and
therefore, no error has been committed by the learned Appellate
Authority in remanding back the application to the learned
Controlling Authority under the Payment of Gratuity Act and to
pass a speaking order.
6. Having considered the arguments advanced by the learned
advocates for the respective parties, it emerges that the
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C/SCA/7656/2025 JUDGMENT DATED: 15/09/2025
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respondent was appointed with the petitioner on 06.02.1990 and
retired on 30.04.2023, having completed 33 years. Prior to
retirement, departmental proceedings were initiated, which was
ended with the punishment of forfeiture of gratuity of
Rs.10,00,000/-, which was remained unchallenged by the
respondent. On referring to the submission made before the
learned Controlling Authority by the respondent, it emerges that
the amount of Rs.10,00,000/-, which he was entitled to for
forfeiture of the gratuity amount, was paid on 04.10.2023,
though he was entitled for it on 01.06.2023. This refers to the
completion of 30 days from the date of retirement. Along with
the claim of interest, the respondent has also raised a dispute
with regard to the applicability of GCSR Rule, 2002. It emerges
from the record that while rejecting the application under the
Payment of Gratuity Act, vide order dated 03.07.2024, the
learned Controlling Authority has not given any reasons dealing
with the submissions over the issue of interest as well as the
applicability of GCSR Rule, 2002. The learned Controlling
Authority, while adjudicating the appeal, has framed two main
issues with regard to the applicability of GCSR Rule, 2002 and the
entitlement to interest for the delayed payment of gratuity of
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Rs.10,00,000/- and thereafter directed the learned Controlling
Authority to pass a speaking order and thereby remanded back
the same to the learned Controlling Authority. In the considered
opinion of the Court, as no reasons are assigned by the learned
Controlling Authority while rejecting the application under the
Payment of Gratuity Act, the learned Appellate Authority is
justifying in remanding it back to the learned Controlling
Authority to decide two main issues, which is referred
hereinabove and to pass a speaking order. This Court did not find
any infirmity in the impugned order; hence the present petition is
deserved to be dismissed.
7. Resultantly, the present petition is dismissed. It is directed
to the learned Controlling Authority to decide the application as
directed by the learned Appellate Authority within a period of 4
months from the date of receipt of this order.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
