In a significant legal development, the Gujarat High Court has passed a judgment in the case involving retirement dues between Mr. Munshaw and the State of Gujarat. The court’s decision addresses the delay in disbursing retirement benefits amidst ongoing legal matters. This case serves as a crucial precedent for similar disputes in the future. Let’s delve deeper into the details of this ruling.
Facts
- Petitioner was promoted as Soil Conservator Officer and posted at Dharampur, District : Valsad.
- Criminal complaints / FIR were filed against the petitioner upon promotion.
- Retired on 30.06.2019 but was not given retirement dues.
- Bail application under Section 439 of the Code of Criminal Procedure was filed by the petitioner and granted bail.
- Learned Single Judge allowed the writ petition and issued certain directions in the order dated 26.03.2024.
Arguments
- The petitioner, Mr. Munshaw, urged to entertain the present Letters Patent Appeal based on the submission that all 26 FIRs were lodged against him but retirement dues were not given.
- Mr. Munshaw submitted that the respondent was involved in 26 cases of financial irregularities and corrupt practices.
- The respondent was promoted to Soil Conservator Officer and retired on reaching superannuation age.
- The petitioner approached the court through a writ petition after waiting almost three years for retirement dues.
- A question was raised if there was any provision estopping the appellants from giving retirement dues to the respondent.
Analysis
- The respondent relied on Rule 145 of the Rules, which allowed for the payment of dues if the departmental inquiry or prosecution was not concluded within two years.
- The learned advocate could not find any provision that would prevent the respondent from receiving retirement dues.
- The learned Single Judge’s conclusion was consistent with the relevant rules and provisions.
- The observations made by the learned Single Judge were agreed upon and found to be not anomalous.
Decision
- The present Letters Patent Appeal was found to be devoid of merits.
- Accordingly, the appeal has been dismissed.
Case Title: GUJARAT STATE LAND DEVELOPMENT CORPORATION LTD. Vs. PRAVINKUMAR BALCHANDBHAI PREMAL
Case Number: R/LPA/526/2024
