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2018 DIGILAW 131 (GUJ)

STATE OF GUJARAT v. SARLA ACHUTHAN

2018-01-16

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. RULE. Shri Vaibhav Vyas, learned Advocate waives service of notice of Rule on behalf of the respondent – original petitioner. In the facts and circumstances of the case and with the consent of learned Advocates appearing for respective parties, present application is taken up for final hearing today. 2. By way of the present application, the applicant State of Gujarat has prayed for an appropriate Interim Relief during the pendency and final disposal of the main Letters Patent Appeal to stay further execution, operation and implementation of the impugned judgment and order passed by the learned Single Judge in Special Civil Application No.14365/2015, by which the learned Single Judge allowed the said petition preferred by the original petitioner and has directed to extend the benefit of GPF / Pension Scheme. 3. We have heard Ms. Manisha Lavkumar, learned Government Pleader appearing on behalf of the applicant - State and Shri Vaibhav Vyas, learned Advocate appearing on behalf of the original petitioner. 4. Ms. Manisha Lavkumar, learned Government Pleader has heavily relied upon the common order dated 20.07.2017 passed in Civil Application No.12328/2016 in Letters Patent Appeal No.1343/2016 and other allied Civil Applications by which the Division Bench has granted the stay of further execution, implementation and operation of similar judgment and order passed by the learned Single Judge in Special Civil Application No.17443/2014 and other allied Special Civil Applications. 5. However, Shri Vaibhav Vyas, learned Advocate appearing on behalf of the original petitioner has submitted that as such the University had already deposited Rs.11,65,244/-towards CPF entitlement and the same has been deposited with the Treasury. It is submitted that under the impugned judgment and order passed by the learned Single Judge, entitlement of the original petitioner would be much more than the aforesaid amount deposited with the Treasury, the amount which is payable to the petitioner had she been treated as a CPF optee. It is submitted that in any case the original petitioner shall be entitled to either under the CPF Scheme or Pension Scheme. Therefore, it is submitted that even if the Letters Patent Appeal is allowed and the original petition is dismissed, in that case also, the original petitioner shall be entitled to atleast the aforesaid amount of Rs.11,65,244/-which would be payable to the original petitioner had she been treated as CPF Optee. Therefore, it is submitted that even if the Letters Patent Appeal is allowed and the original petition is dismissed, in that case also, the original petitioner shall be entitled to atleast the aforesaid amount of Rs.11,65,244/-which would be payable to the original petitioner had she been treated as CPF Optee. Therefore, has requested to atleast pay the said amount to her with interest accrued thereon and/or with appropriate interest, without prejudice to the rights and contentions of the original petitioner in the Letters Patent Appeal and subject to the ultimate outcome of the Letters Patent Appeal. 6. Ms. Manisha Lavkumar, learned Government Pleader has stated at the Bar that the applicant cannot have any objection if the original petitioner is paid the aforesaid amount of Rs.11,65,244/-with appropriate reasonable interest, subject to the ultimate outcome of the main Letters Patent Appeal as, even if the Letters Patent Appeal is allowed and the impugned judgment and order passed by the learned Single Judge is set aside, in that case also, the original petitioner shall be entitled to the aforesaid amount had she been treated as a CPF Optee. 7. Having heard learned Advocates appearing for respective parties and considering the earlier order dated 20.07.2017 passed by the Division Bench of this Court in Civil Application No.12328/2016 in Letters Patent Appeal No.1343/2016 and other allied Civil Applications, by way of interim relief, it is directed that there shall be interim stay of further execution, implementation and operation of the impugned judgment and order passed by the learned Single Judge in Special Civil Application No.14365/2015, during the pendency and final disposal of the main Letters Patent Appeal. However, at the same time the original petitioner is permitted to withdraw Rs.11,65,244/-which the University has deposited, which would have been payable to the petitioner had she been CPF Optee and the applicant / appropriate Authority of the State Government is hereby directed to credit the aforesaid amount of Rs.11,65,244/-with 7.5% interest thereon from the date of such deposit, in the bank account of the original petitioner, the particulars of which shall be supplied to the concerned Department, to be deposited / credited in the bank account of the original petitioner as early as possible but not later than four weeks from today. However, the same shall be without prejudice to the rights and contentions of the original petitioner in the main Letters Patent Appeal and subject to the ultimate outcome of the main Letters Patent Appeal. Rule is made absolute accordingly. No costs.