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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
BHAVNABEN BHARATBHAI JANI WD/O BHARATBHAI RAMSHANKAR
JANI – APPELLANT
Versus
BHAVNAGAR MUNICIPAL CORPORATION – RESPONDENT
SPECIAL CIVIL APPLICATION NO. 15073 of 2015
Decided on : 23-08-2021
Constitution of India,1950 - Articles 226 and 227 - Gujarat Provincial Municipal Corporation Act, 1949 - Section 56(2)(b) - Husband of petitioner having completed 5 years on the post of Rojamdar Cleaner, had applied for grant of temporary status with benefits - Petitioner’s husband was granted temporary status - Petitioner's husband was suspended pending show cause and charge sheet on allegation of misbehavior with officer - Respondent Corporation passed an order of punishment punishing petitioner’s husband with stoppage of one increment without future effect - Respondent corporation purposefully kept quiet on the issue of Encashment of Earned Leave, PF and difference of pay on account of entitlement of permanency.
Findings of the Court - Respondent ought to have made petitioner permanent on completion of five years but it appears as petitioner was suspended from service there is no question of making him permanent thereafter till petitioner was reinstated in service in year 2003 after suspension - Petitioner ought to have been made permanent as per policy of the respondent-Corporation on completion of five years after petitioner was made temporary (hangami) - Contention raised on behalf of respondent-Corporation that petitioner was not made permanent during his life time cannot be accepted because it was the duty of the respondent-Corporation to give the benefit of permanent employee to the petitioner subject to the final punishment which was awarded for stoppage of one increment without future effect.
Result- Petition is allowed
JUDGMENT :
Heard learned advocate Mr.Rajesh Mankad for the petitioner and learned advocate Mr.H.S.Munshaw for the respondent.
1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs :
(B) Hon'ble Court be pleased to hold and declare that as legal heir of the deceased husband of the petitioner, petitioner is entitled to all the terminal benefit such as Leave Encashment, Gratuity, PF, Pension etc. and further be pleased to direct the respondent Corporation to calculate such benefits payable to the petitioner as legal heir of the deceased employee Bharatbhai Ramshankar Jani as payable on the basis of salary payable on the date of death i.e. 18-7-2014 and pay the same within time bound schedule with interest at commercial rates or an appropriate rate of interest that this Hon'ble Court may decide.
(C) The Hon'ble Court be pleased to hold and declare that petitioner as legal heir of employee Shri Bharatkumar Ramshankar Jani is entitled to financial assistance of Rs.5 lakhs as per prevalent policy dated 5th July 2011 as accepted and adopted by respondent corporation in lieu of compassionate appointment on the date of death and accordingly be pleased to direct the respondent Corporation to make payment of Rs.5 lakhs by an Account Payee cheque within time bound schedule with interest at commercial rates or an appropriate rate of interest that this Hon'ble Court may decide.
(D) The Hon'ble Court be pleased to hold and declare that respondent Corporation and its officials have miserably failed in discharging their statutory duties of granting status of permanency and making payment of proper pay scale accordingly to the husband of the petitioner and in denying the terminal benefits and financial assistance, acted in arbitrary manner and they are liable for payment of interest of all these amounts to the petitioner and accordingly be pleased to direct the respondent Corporation and - or its responsible officer to make payment of interest at commercial rate, or the rate of interest that the Hon'ble Court may decide in the facts and circumstances of the case and make payment of the same to the petitioner within time bound schedule.
(E) During the admission, pendency and final hearing of the present petition, by way of ad-interim and or interim relief Hon'ble Court will be pleased to direct the respondent Corporation to.....
(E1) fix the salary of the husband of the petitioner in the pay scale of permanent Cleaner with effect from 22nd June, 2002 and considering consequential revision and promotion and calculate amount payable accordingly and make payment of difference of amount to the petitioner-legal heir for the period June-2002 till the date of death of petitioner's husband, i.e.18-7-2014 as per their own calculation su
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