Disposed

Tarshibhai Raghavbhai Kateshiya v. State of Gujarat

Gujarat HC4 Dec 2020SCA/12301/2020

Case brief

AI extract

What is this about?

This oral order disposed of two special civil applications filed by regular unskilled employees seeking leave encashment benefits. The High Court directed the respondent authorities to examine pending representations, decide within weeks, and follow a coordinate bench's order while adhering to natural justice principles.

What did the court decide?

Direction to respondent authorities to examine representations, decide within 8 weeks, and pass a reasoned order following natural justice.

Tarshibhai Raghavbhai Kateshiya Vs State of… — Pension and Retirement Benefits | Gujarat HC (2020)

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C/SCA/12301/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 12301 of 2020

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With

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R/SPECIAL CIVIL APPLICATION NO. 12449 of 2020

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========================================================== TARSHIBHAI RAGHAVBHAI KATESHIYA

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Versus STATE OF GUJARAT

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==========================================================

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Appearance:

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MR YOGEN N PANDYA(5766) for the Petitioner(s) No. 1 MS MEGHA CHITALIYA, AGP for the Respondents NOTICE SERVED(4) for the Respondent(s) No. 1,2

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==========================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 04/12/2020

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ORAL ORDER

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Both these petitions are filed under Article 226 of the Constitution of India for the purpose of seeking almost similar reliefs and as such, taken up together as per the request of learned advocates appearing for the respective parties.

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Special Civil Application No.12301 of 2020 is filed for the purpose of seeking following reliefs :

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“A. Your Lordships may be pleased to issue a writ in nature of mandamus / certiorari and/or any other appropriate writ, order or direction, directing the respondent authorities to extend the service benefits like leave encashment into cash to the petitioner.

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B. Pending admission, hearing and final disposal of the petition, the respondent authorities may be directed to extend the benefit of leave encashment into cash forthwith.

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C. Any other and further reliefs may be granted in favour of petitioner as this Hon’ble Court may deem fit and proper under the circumstances of the case.”

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Page 1 of 4

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C/SCA/12301/2020 ORDER

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Special Civil Application No.12249 of 2020 is filed for the purpose of seeking following reliefs :

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“A. Your Lordships may be pleased to issue a writ in nature of mandamus / certiorari and/or any other appropriate writ, order or direction, directing the respondent authorities to extend the service benefits like leave encashment into cash to the petitioner.

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B. Pending admission, hearing and final disposal of the petition, the respondent authorities may be directed to extend the benefit of leave encashment into cash forthwith.

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C. Any other and further reliefs may be granted in favour of petitioner as this Hon’ble Court may deem fit and proper under the circumstances of the case.”

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The essential grievance of the petitioners is that both the petitioners were working as regular unskilled employee with the respondent and rendered their services for a pretty long period. The first petition in which the petitioner has rendered the services to the extent of 39 years, 2 months and 1 day, whereas in the second petition, the petitioner has put in the services of 40 years, 11 months and 23 days and despite the aforesaid long tenure of service, their past due benefits have not been made available to them and as such, prior to approaching this Court, the petitioners have already made a written representation / notice on 10.8.2020, claiming such benefits but, such grievance is so far not redressed which has constrained the petitioners to approach this Court since no attention is paid to such request.

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When the matters are taken up for hearing, Mr.Yogesn Pandya, learned advocate for the petitioners, has submitted that this similar issue has been dealt with by the Coordinate Bench of this Court on earlier occasion in the of State of Gujarat & Anr. v. Mahendrakumar Bhagvandas & Anr. , reported in 2011 (2) GLR 1290 and as such, almost in similar matter, recently, the Coordinate Bench of this Court on

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Page 2 of 4

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C/SCA/12301/2020 ORDER

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22.10.2020 has passed an order, directing to consider the representation of the petition in the light of aforesaid decision delivered by Coordinate Bench and hence, requested that since the facts are almost similar, same order be passed in the interest of justice.

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As against this, Ms.Megha Chitaliya, learned Assistant Government Pleader, has tendered affidavit-in-reply pointing out that against the said issue, the Special Leave Petition is pending before the Apex Court and further, there is no automatic applicability of the Government Resolution. However, be that as it may, learned learned Assistant Government Pleader is not disputing the fact that the Coordinate Bench has recently disposed of the petition vide order dated 22.10.2020 and has left it to the discretion of this Court.

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Having heard the learned advocates appearing for the respective parties and having gone through the material on record, it is quite clear from the placement of order of the Coordinate Bench that on undisputed similar issue, a direction is given upon the authority to take decision on pending representation in view of the decision delivered in Special Civil Application No.12747 of 2020, decided on 28.10.2020. It is also not in dispute that so far, despite the aforesaid representation dated 10.8.2020, no decision is taken by the authority nor the case is examined from any angle and as such, a request to pass similar order is found to be justified. Accordingly, both the petitions are disposed of with following directions which would meet the ends of justice between the parties.

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(1) The respondent authorities are directed to examine the notice / representation dated 10.8.2020 submitted by the petitioners and take appropriate decision in accordance with law, after compliance of principles of natural justice.

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Page 3 of 4

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C/SCA/12301/2020 ORDER

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(2) While taking decision, the respondent authorities are directed to look into the order dated 28.10.2020 rendered in Special Civil Application No.12747 of 2020 referred to in the decision of the Coordinate Bench dated 22.10.2020 in Special Civil Application No.12976 of 2020.

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(3) The respondent authorities shall also examine the case of both the petitioners from the point of view of the authority which is reflecting in the affidavit-in-reply.

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(4) It is made clear that while taking decision on the grievance of the petitioners, an independent decision be taken in accordance with law and this Court has not expressed any opinion on merits of any of the contentions of the petitioners and the respondent authorities shall pass a reasoned order.

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(5) Since the grievance is persistently requested, the respondent authorities are directed to take the decision within a period of 8 weeks from the date of receipt of writ of this Court.

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With these observations, the present petitions stand disposed of. Notice is discharged.

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(ASHUTOSH J. SHASTRI, J)

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NAIR SMITA V.

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Page 4 of 4

Tarshibhai Raghavbhai Kateshiya v. State of Gujarat

Case brief

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Tarshibhai Raghavbhai Kateshiya v. State of Gujarat

Case brief

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