SCA/14397/2006 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 14397 of 2006 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 ? ====================================== KHAMBHAT NAGARPALIKA PENSIONERS MANDAL Versus KHAMBHAT NAGARPALIKA and others ====================================== Appearance : Mr. D.G. Chauhan for the petitioner Mr. Dilip B. Rana for respondent No.1 Ms Asmita Patel, AGP, for respondent No.2 ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 09/05/2008 ORAL JUDGMENT SCA/14397/2006 2/4 JUDGMENT 1 The petitioners, retired employees of Khambhat Municipality, are constrained to approach this Court by way of the present petition, since, even after their retirement, they had not received the amount of pension and other retiral dues and, therefore, they prayed for the following relief: “[A] Your Lordships be pleased to issue a writ of mandamus and/or any other appropriate writ, order or directions in the like nature to direct the respondents to implement the Government Resolutions dated 20.1.1998 and 14.10.2005 adopted by the respondent No.1-Nagarpalika and direct the respondents to pay all pensionary benefits viz. Pension/family pension as indicated therein to the pensioners/family pensioners; [B] Your Lordships be pleased to issue a writ of mandamus and/or any other appropriate writ, order or directions in the like nature to direct the respondents to pay the unpaid pension from May 2005 till date and further direct to pay revised pension from time to time every month with all pensionary benefits with 18% interest as per the Government Resolutions dated 20.1.1998 and 14.10.2005 adopted by the respondent No.1. The respondents be further directed to pay arrears of unpaid pension, gratuity, leave encashment, revised dearness allowance, etc. [C] Pending the hearing and final disposal of this petition, Your Lordships be pleased to direct the respondent No.1 to pay the pension regularly every month with all pensionary benefits including increase in pension and dearness allowance etc.” 2 Mr. D.G. Chauhan, learned counsel appearing for the petitioners,submits that the then Cambay Municipality had proposed Pension Fund Rules and, subsequently, the Finance Department of the Government of Gujarat issued Government Resolution dated 20.1.1998 with regard to revision of pension. The learned counsel further submits that from time to time the pension of the petitioners is revised as per the policy of the State Government. The learned counsel further submits that it is not in dispute that the petitioners are entitled to receive pension SCA/14397/2006 3/4 JUDGMENT under the relevant rules as framed under the Statute. However, one of the main grievances of the petitioners is that, since long, the regular pension and arrears of pension were not released. 3 On 7th October 2006 this Court [Coram: H.K. Rathod, J.] passed a detailed order referring to various decisions of Apex Court as well as this Court and, considering over all circumstances of the case,since about 150 pensioners could not receive their pension for more than 13 months, the Chief Secretary of the State of Gujarat was directed to consider the case and release the amount and also further directed to give special fund to the Municipality for mitigating the hardship of the pensioners and, accordingly, the State Government, as a special case, sanctioned Rs.1 crore 17 lakhs for payment of pension to the employees of Khambhat Municipality. 4 Mr. D.B. Rana, learned counsel appearing for Khambhat Municipality, has submitted that there is no ill-intention on the part of the Municipality not to pay pension and other retiral dues to the pensioners, but, in view of financial constrains, it was not possible for Khambhat Municipality to release retiral dues on time. He has relied on further affidavit filed by the Chief Officer of Khambhat Municipality on 23rd April 2008 and submitted that an amount of Rs.1.17 crore was credited in the account of Nagarpalika on 20th February 2008 and, ultimately, the whole amount was spent for release of outstanding dues of the pensioners. He further submits that the pensioners are paid with enhanced dearness allowance from January 2008 to March 2008 and from April 2008 onwards the same will be paid as early as possible. 5 It is also submitted on behalf of the Khambhat Municipality in the additional affidavit filed by the Chief Officer that the Chief Officer as SCA/14397/2006 4/4 JUDGMENT well as the Office Bearers of the Municipality are duty bound to perform such executive functions as per the provisions of the Act and that the regular pension is not released only because of the financial constrains faced by the Municipality from time to time. However, an assurance is given to this Court that, on availability of fund, regular pension will be paid every month and, as and when the financial condition of the Municipality is improved, whatever arrears towards pension remained to be outstanding will also be released. 6 In view of the further affidavit dated 23.4.2008 filed by the Chief Officer of the Khambhat Municipality, it is expected that the Khambhat Municipality will continue to pay pension to the pensioners of the Khambhat Municipality on regular basis every month at the enhanced rate of dearness allowance and revised pension in accordance with law. 7 With the above observations, this petition stands disposed of with liberty to the petitioners to re-agitate the issue in case of difficulty. 8 Notice is discharged with no order as to costs. (ANANT S. DAVE, J.) (swamy)