JUDGMENT :

S.H.VORA, J.

Feeling aggrieved and dissatisfied with the common oral judgment dated 21/09/2020 rendered by the learned Single Judge in SCA No.8890 of 2018 with SCA No.13431 of 2018, the appellants–Gujarat Industrial Development Corporation–original respondents No.2 and 3 have preferred the captioned appeals under Clause 15 of the Letters Patent.

2. Since the common issue of facts and law are involved in the appeals, both the appeals are being heard and decided together by this common judgment.

3. We have heard learned Advocate Mr.Mayur Dhotre for Gupta Law Associates, for the appellants and learned Advocate Mr.Samir Afzal Khan, learned Advocate for the private respondents.

4. The controversy raised in the writ petition was of withholding of retiral dues of the private respondents viz., contributory provident fund, group savings link insurance, gratuity, etc., on the ground that the private respondents, after retirement are in illegal occupation of the residential quarters allotted to them during their service tenure. The private respondents in both the petitions preferred by them have prayed for direction to quash and set aside the order dated 30/04/2018 and 31/07/2018 respectively passed by the appellant authority whereby the retiral dues have been withheld.

5. The learned Single Judge after considering the pleadings and submissions made at bar and considering the case law cited at bar held that order dated 30/04/2018 and 31/07/2018 are illegal and therefore quashed and set aside with a direction to the appellants to forthwith release the retiral dues to the private respondents within a period of six weeks from the date of the judgment together with interest @ 6% on the unpaid amount of retiral dues from the date it had fallen due. While allowing the petition preferred by the private respondents, the appellants were directed to pay a cost of RS.5,000/- to each of the private respondents within a period of six weeks from the date of the judgment.

6. Brief facts leading to the writ petition by the private respondents stated thus:

6.1 The private respondents were appointed in the year 1983 as pumpmen for operating the pump at Aji Industrial Area, GIDC, Rajkot. In the year 1987, the private respondents were allotted quarters and rent towards the said quarters was deducted from the salary of the private respondents and thus they have spent substantial part of their life by residing in the said quarters. As per the facts and pleadings, the appellant– GIDC issued Notification dated 27/04/1998 for allocation of residential quarters, apropos to which the private respondents have applied for allocation on hire purchase system. The private respondents submitted their application for allotment of the quarters on hire purchase system. Subsequently, new notification dated 18.10.2002 came to be issued and since the private respondents were fulfilling all the terms and conditions prescribed under the said Notification and also made payment of Rs.2,000/- by way of demand draft as per one of the requirement in the said Notification.

6.2 It appears that the applications of the private respondents were processed and some office notes were also made in that regard by the appellant authority and when matter was sent for necessary approval for allocation of quarters, the private respondents were transferred from Rajkot to Sanand and therefore, contemplating eviction, the private respondents filed a writ petition being SCA No.1753 of 2016. Vide order dated 27/06/2018, the said petition was partly allowed with a direction to the GIDC to allow the petitioners therein to occupy the quarters strictly in accordance with the terms and conditions of the allotment and the private respondents were also directed to file separate undertakings to GIDC, inter alia, stating that they would not use in any way, the quarters for running any commercial activity and the Court further directed that only upon filing of such undertaking, GIDC to take an appropriate for