IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 1332 of 2017 In R/SPECIAL CIVIL APPLICATION/10191/2014 ================================================================

MOHMADHUSEN GULAMRASUL MALEK & ANR.

Versus DIVISIONAL CONTROLLER ================================================================

Appearance:

DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES for the Appellant(s) No. 1 MRS KRISHNA G RAWAL(1315) for the Appellant(s) No. 1.1 MR HARDIK C RAWAL(719) for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 04/02/2026

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1.Heard learned advocate Mrs.Krishna G. Rawal for the appellant and learned advocate Mr.

Hardik C. Rawal for the respondents.

2.By this appeal under clause 15 of the Letters Patent, 1865, the appellant has challenged the Judgment and Order dated 21.09.2016 passed in Special Civil Application No.10191 of 2014 whereby learned Single Judge has dismissed the petition filed by the appellant original petitioner.

3.Brief facts of the case are that the appellant original petitioner worked as an Art. A. Velkenaizer(Workshop) for the respondent Gujarat State Road Transport Corporation from 09.02.1970 and retired on 30.06.2008. The appellant was drawing salary of Rs.21,331/- when he retired from service.

4.The appellant was paid gratuity amount of Rs.3,50,000/- on 24.11.2008. According to the appellant, he was entitled to gratuity amount as per maximum limit of Rs.10,00,000/- and not as per maximum limit of Rs. 3,50,000/- as per the settlement by the respondent with the Union and accordingly, amount of Rs.4,67,645/- was payable to him.

5.The appellant, therefore, made an application on 19.07.2012 to the Controlling Authority under the provisions of Payment of Gratuity Act,1972 (for short ‘the Act’) for balance amount of gratuity of Rs.1,17,645/-

with 12% interest.

6.The Controlling Authority by order dated 08.04.2013 dismissed the application filed by the appellant on the ground that on the date of retirement of the appellant from service, maximum gratuity of Rs.3,50,000/- was paid as per the prevalent provision of the Act and therefore, the claim for higher amount was held to be not tenable.

7.Being aggrieved by the order dated 08.04.2013 passed by the Controlling Authority, the appellant preferred an appeal before the appellate authority being Gratuity Appeal No.50 of 2013. The appellant authority after considering the submissions made by the appellant, dismissed the appeal confirming the order passed by the Controlling Authority. The appellant, therefore, challenged both the orders by preferring writ petition which came to be dismissed by the impugned order.

8.Learned advocate Ms. Krishna Rawal appearing for the appellant original petitioner submitted that as per Clause 4 of the Resolution dated 13.04.2009 issued by the Finance Department, Government of Gujarat regarding 6th Central Pay Commission Revision of the provisions regulating pension/gratuity, maximum limit for all kind of gratuity was increased to Rs.10,00,000/- from Rs.3,50,000/-.It was submitted that Rules 80 and 81 of Gujarat Civil Services (Pension) Rules, 2002 (For short “the Rules,2002”) were modified to give effect to the said Resolution.

9.It was submitted that salary of the appellant was increased by the respondent corporation as per 6th Pay Commission by giving actual effect from 01.04.2008 and notional effect from 01.01.2006 to 31.03.2008. It was submitted that as the appellant retired from service with effect from 30.06.2008, he would be entitled to gratuity as per the increased limit of Rs. 10,00,000/- to be computed as per the amended Rules 80 and 81 of the Rules, 2002. It was therefore, submitted that the respondent corporation is liable to pay higher gratuity amount considering the maximum limit of Rs. 10,00,000/- instead of Rs. 3,50,000