IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4279 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J. SHELAT ==========================================================

Approved for Reporting Yes No ✓

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SITABEN AMBALAL CHAUHAN Versus STATE OF GUJARAT & ORS.

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Appearance:

MR NK MAJMUDAR(430) for the Petitioner(s) No. 1 MS FORUM SHAH, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT Date : 20/03/2026

JUDGMENT

1. RULE returnable forthwith. Ms. Forum Shah, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondents.

2. Heard Mr. Bhuvnesh Gahlot, learned Advocate appearing on behalf of Mr. N. K. Majmudar, learned Advocate for the petitioner and Ms. Forum Shah, learned AGP for the respondents.

3. The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“A) Be pleased to admit / allow this petition;

B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the action of the respondent authorities of not releasing the pension, gratuity and other consequential benefits to the petitioner, and therefore, the said action of the concerned respondent authorities may kindly be quashed and set aside and further be pleased to issue appropriate writ, order or direction, directing the concerned respondent authorities to make the payment of pension, gratuity, commuted pension and other consequential benefits and the same may kindly be ordered to be paid with 12% interest w.e.f. 30.09.2021, and the respondent authorities may kindly be directed to continue to pay the pension to the petitioner, in the interest of justice;

C) Be pleased to grant interim relief and by way of interim order be pleased to direct the authorities to concerned respondent release the pension, gratuity and other consequential benefits to the petitioner w.e.f. 30.09.2021, pending admission, hearing and final disposal of the present petition, in the interest of justice;

D) Be pleased to pass such orders as thought fit in the interest of justice.”

4. At the outset, Ms. Shah, learned AGP, would submit that so far as the prayer made in this petition would not survive, as during the pendency of this petition, the amount of gratuity and pension have been paid to the petitioner on 23.05.2022.

The calculation sheet prepared by the Additional Treasury Officer (Pension) Ahmedabad, is submitted by her, which is taken on record.

5. Per contra, Mr. Gahlot, learned Advocate would state that there are some excess deduction made by the respondent towards loan payment interest and the petitioner is desirous to challenge it in accordance with law. So, Mr. Gahlot, learned Advocate, requested this Court that liberty may be reserved in favour of the petitioner to challenge such excess deduction.

6. The permission as sought for is granted. It is open for the petitioner to file an appropriate petition challenging the alleged excess recovery of loan interest by the respondent.

7. So far as the principal prayer made in this petition is concerned, Mr. Gahlot, learned Advocate for the petitioner, is not in a position to controvert the fact that as per the aforesaid calculation sheet, the amount towards gratuity and pension are received by the petitioner. Nonetheless, Mr. Gahlot, learned Advocate for the petitioner, would submit that the petitioner came to be superannuated and retired on 30.09.2021, but arrears of pension and gratuity released/paid to the petitioner by the respondent on 23.05.2022 and there is no justifiable reason for delay in making such payment, in view of the settled position of law, the petitioner is entitled to receive interest for such delayed payment.

8. Per contra, Ms. Shah, learned AGP, wo