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2017 DIGILAW 1735 (GUJ)

State of Gujarat v. Arpita Nitinkumar Dave

2017-10-06

M.R.SHAH, VIPUL M.PANCHOLI

body2017
ORDER : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge passed in Special Civil Application No. 21654 of 2016, by which the learned Single Judge has allowed the said petition and has directed the respondents to grant benefits of recommendations of the Tikku Pay Commission to the original petitioner, the original respondents - State of Gujarat and others have preferred the present Letters Patent Appeal No. 1753 of 2017. 2. At the outset, it is required to be noted and as such the issue involved in the present appeal is squarely covered against the appellants - State of Gujarat and others in light of the judgment and order passed by the Division Bench of this Court dated 16/1/2017 passed in Letters Patent Appeal No. 1469 of 2015 in Special Civil Application No. 12033 of 2014, by which the Division Bench of this Court has negative the similar challenge to the order passed by the learned Single Judge granting such benefits. 3. However, Mr. Antani, learned Assistant Government Pleader appearing on behalf of the appellants has stated that the Division Bench in Letters Patent Appeal No. 1469 of 2015 has passed the judgment and order in the peculiar facts and circumstances of the case, as it was found that the original petitioner - concerned employee in the said case took voluntary retirement in view of the disability suffered by him on account of the stroke of paralysis, which resulted in 75% of permanent disability and therefore, the Division Bench interfered with the order passed by learned Single Judge. 4. However, considering the order passed by the Division Bench of this Court in Letters Patent Appeal No. 1469 of 2015 dated 16/1/2017 on which, as such, reliance has been placed upon by the learned Single Judge while passing the impugned order, it appears that the Division Bench has dismissed the said appeal on merits and considering the fact that in the case of other similarly situated employees, the benefits of recommendations of Tikku Pay Commission was granted. Therefore, the learned Assistant Government Pleader is not right in submitting that the said order was passed in the peculiar facts and circumstances of the case. Similar order passed by the learned Single Judge has been confirmed by the Division Bench while passing the order in the aforesaid Letters Patent Appeal. 5. Therefore, the learned Assistant Government Pleader is not right in submitting that the said order was passed in the peculiar facts and circumstances of the case. Similar order passed by the learned Single Judge has been confirmed by the Division Bench while passing the order in the aforesaid Letters Patent Appeal. 5. In view of the above and for the reasons stated in the judgment and order passed by the Division Bench of this Court dated 16/1/2017 passed in Letters Patent Appeal No. 1469 of 2015, present Letters Patent Appeal deserves to be dismissed and is accordingly dismissed. In view of dismissal of the Letters Patent Appeal, Civil Application No. 13301 of 2017 for stay stands dismissed. 6. So far as Misc. Civil Application No. 1662 of 2017 preferred by the original petitioner making grievance with respect to non-compliance of the judgment and order passed by the learned Single Judge passed in Special Civil Application No. 21654 of 2016 is concerned, the same is hereby disposed of by granting six weeks time from today to the respondents herein - State of Gujarat and others to comply with the judgment and order passed by the learned Single Judge in Special Civil Application No. 21654 of 2016. 7. With above observations Misc. Civil Application No. 1662 of 2017 stands disposed of. However, liberty is reserved in favour of the original petitioner herein to revive Misc. Civil Application No. 1662 of 2017, in case within the stipulated time granted, as stated hereinabove, the order passed by the learned Single Judge in Special Civil Application No. 21654 of 2016 impugned in the present Letters Patent Appeal No. 1753 of 2017 is not complied with. 8. In the facts and circumstances of the case, there shall be no order as to costs.