SCA/2953220/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 29532 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 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 ? ========================================================= MERUBHA MAHOBATSINH JHALA - Petitioner(s) Versus DISTRICT DEVELOPMENT OFFICER & 3 - Respondent(s) ========================================================= Appearance : MS ROOPAL R PATEL for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 - 2, 4, MR HS MUNSHAW for Respondent(s) : 1, 4, MR RC JANI for Respondent(s) : 2, MR SHIVANG SHUKLA AGP for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 30/09/2008 ORAL JUDGMENT 1.0. The petitioner by way of this petition has prayed to direct the respondents to pay interest on the pensionary benefits for the period from 30.04.1988 to SCA/2953220/2007 2/4 JUDGMENT 01.04.2005. 2.0. The short facts of the case are :- 2.1. On 04.02.1969, the petitioner was appointed as operator with respondent no. 1. Pursuant to the Government Resolution, the petitioner was transferred to respondent no. 2. Thereafter, on the basis of Desai Pay Commission, the pay-scale of the petitioner was revised with effect from 01.01.1986, wherein the work charge employees were treated on par with the employees of the temporary establishment under the public works department. 2.2. The petitioner retired on 30.04.1988, after office hours vide Office Order dated 22.04.1988. It is the case of the petitioner that since the petitioner was deprived of the pensionary benefits, the petitioner preferred Special Civil Application No. 6690 of 1989, wherein this Court vide order dated 11.08.2000 allowed the said petition and held that pension be fixed from the due date and to further pay the arrears. 2.3. Against the said order, the respondent preferred Letters Patent Appeal being LPA no. 831 of 2000, which came to be dismissed vide order dated 12.01.2005. The SCA/2953220/2007 3/4 JUDGMENT grievance of the petitioner is that the petitioner is being granted pension every month, but, no interest has been paid to him till date in spite of several representations made by him. Hence, this petition. 3.0. Heard learned counsel for the respective parties. The grievance of the petitioner is that the directions issued by this Court have not been complied with by the respondents inasmuch as no interest has been paid to the petitioner for the period from 30.04.1988 to 01.04.2005. From the record, it is evident that the respondent has already complied with the order of this Court and has granted pension and also paid arrears for the said period. Further the claim with regard to interest was rejected in the earlier petition filed by the petitioner and, therefore, the relief claimed by the petitioner cannot be granted. 4.0. Considering the facts and circumstances of the case, the respondent was completely justified in not granting interest. Hence, the petition does not deserve to be entertained under Article 226 of the Constitution of India. 5.0. In the result, the petition is dismissed. Rule is discharged. No order as to costs. SCA/2953220/2007 4/4 JUDGMENT [K.S. JHAVERI, J.] /phalguni/