SCA/14146/2003 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 14146 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE ANANT S. DAVE ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= VASANTIKA R. DALIA Versus VADODARA MUNICIPAL CORPORATION ================================================= Appearance : MR IS SUPEHIA for the Petitioner None for the Respondent ================================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 17/04/2008 ORAL JUDGMENT 1. Heard Mr.Supehia, learned advocate for the petitioner. 2. The following prayers have been made in paragraph No.17: “(A) Quashing and setting aside the letter dt.26.8.2003 and directing the respondent to pay the following amounts to the petitioner with 12 percent interest : (i) commuted pension on the basis of 22 years continuous SCA/14146/2003 2/3 JUDGMENT service; (ii)leave encashment for 165 days; (iii)Medical allowance for the period from 1977 to 1988; (iv)Interest for one year on Rs.94679/- at the rate of 12 percent. (B) During the pendency and final disposal of this petition, respondent may be directed to pay an amount of Rs.50000/- to the petitioner on adhoc basis. (C) Granting costs at exorbitant rate. (D) To grant such other benefits as may be deemed fit.” 3. The learned advocate for the petitioner states that so far as prayer Clause 17(A)(I) is concerned, the respondent Corporation has considered 22 years of continuous service for counting commuted pension. At the same time, as per the directions given by learned Single Judge of this Court in order dated 13.12.2001 in Special Civil Application No.5467 of 2000 to pay the amount of Rs.94,679/- within six weeks from the date of the order, the respondent has actually paid the above amount on 28.03.2002 and therefore, there is a delay of about three and half months, for which the petitioner is entitled for interest. With regard to other prayers about leave encashment for 165 days and medical allowance for the period from 1977 to 1988 is concerned, this Court in the first petition filed by the petitioner SCA/14146/2003 3/3 JUDGMENT being Special Civil Application No.10005 of 1996 and as per oral judgment dated 05.05.1997, no back wages were awarded. However, continuity of service was granted. 4. No one appears for the respondent, but affidavit in reply is placed on record and it is denied on the ground that since the petitioner was reinstated, but no back wages were ordered to be paid, leave encashment as well as medical allowance cannot be paid. Even contention with regard to commuted pension on the basis of 22 years of service is also not accepted. 5. Considering the facts and circumstances of the case, when the amount was paid by the respondent Corporation within reasonable time from the date of the order passed by the learned Single Judge in Special Civil Application No.5467 of 2000, prayer to grant 12% interest is not accepted. Since there is denial of back wages, the respondent Corporation is justified in contending ineligibility on the part of the petitioner employee to receive the amount of leave encashment and medical leave benefits, particularly when the petitioner had not worked for the period from 1997 to 1988. 6. Considering the above aspects, no case is made out. The petition is rejected. Rule is discharged. No order as to costs. (ANANT S.DAVE, J.) *Shitole