IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION (FOR CLARIFICATION) NO. 1 of

2026 In R/SPECIAL CIVIL APPLICATION NO. 16297 of 2018 =============================================

DISTRICT PANCHAYAT & ORS.

Versus PANCHABHAI RAMABHAI GANGANI & ORS.

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Appearance:

MS HARSHAL N PANDYA(3141) for the PETITIONER(s) No. 1,2,3 MS FORUM SHAH, AGP for the RESPONDENT(s) No. 2 MR NILESH M SHAH(780) for the RESPONDENT(s) No.

1.1,1.2,1.3,1.4,1.5 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 17/04/2026

IA ORDER

1. Rule returnable forthwith. Mr.Nilesh Shah, learned advocate waives service of Rule for opponent Nos.1.1 to 1.5. Ms.Forum Shah, learned AGP waives service of Rule for respondent No.2.

2. Heard Ms.Harshal Pandya, learned advocate for the applicants, Mr.Nilesh Shah, learned advocate for opponent Nos.1.1 to 1.5 and Ms.Forum Shah, learned AGP for opponent No.2.

3. The present application is filed by the applicants, seeking the following reliefs :

“(A) allow and admit the present application, and/or (B) pass appropriate order modifying/correcting the dates mentioned in paragraph Nos.12.2 and 12.3 of the judgment dated 01.12.2025 to the extent of giving difference of 12.03.2020 and difference of family pension from

13.03.2020, Annexure-A to this application, and/or”

4. By way of this application, original respondent Nos.2 to 4 request this Court to modify/correct the date of age of superannuation of the original petitioner. As per the application, the original petitioner retired on 29.02.2020, whereas in paragraphs 12.2 and 12.3 of the judgment dated 01.12.2025 passed by this Court in Special Civil Application No.16297 of 2018, it was observed as 12.03.2020, having observed thus :

“12.2. Accordingly, the respondents are directed to give all the consequential benefits of G.R. dated 17.10.1988 to the original petitioner w.e.f. 1.1.1990 notionally up to 30.05.2006 and further directed to give difference of salary from 01.06.2006 to 12.03.2020.

12.3. It is reported to this Court that original petitioner having expired on 12.03.2020, respondents are directed to grant retirement benefits like gratuity and leave encashment to the petitioners on the basis of considering 32 years of continuous service of the original petitioner including family pension starting from 13.03.2020.”

5. Mr.Shah, learned advocate for the original petitioner would state that the original petitioner reached the age of superannuation on 29.02.2020 and as such, he would not be in a position to dispute the facts as stated in this application.

6. Having heard the learned advocates for the respective parties and upon perusal of the present application, it has now remained undisputed that the original petitioner retired on 29.02.2020, thereby the period for granting difference of salary requires to be modify and the same would be from

12.03.2020.

7. Accordingly, the present application is allowed in terms of para 7(B). The Registry shall take note of the said modification in paras 12.2 and 12.3 of the aforesaid judgment in the main matter and issue fresh writ, accordingly.

8. Before parting with this order, it is hereby observed that due to the said reason, if the applicants have so far not processed the claim and paid the amount to the original petitioner as directed by this Court in para 12.4 of the said decision, the applicants are hereby directed to complete the process of payment and see to it that all benefits as available to the original petitioner and family pension shall be paid to wife of the original petitioner, opponent No.1.1 herein – Tidiben Panchabhai Gangani on or before 31.05.2026, failing which the legal heirs of the original petitioner shall be entitled to receive such benefits with 9% p.a. interest from 01.06.2026 till its realization.

9. The aforesaid modification in para 12.4 though not sought for by the applicants, but considering the aforesaid facts and circumstances,