IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6231 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 6231 of 2019 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No √

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HARIKRISHNA MOHANLAL THAKKAR Versus GUJARAT STATE CIVIL SUPPLY CORPORATION LTD THROUGH MANAGING DIRECTOR ================================================================

Appearance:

MR G M JOSHI, SENIOR ADVOCATE for MR VYOM H SHAH(9387) for the Petitioner(s) No. 1 MS AISHVARYA(8018) for the Respondent(s) No. 1 ================================================================

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

JUDGMENT

1. Rule returnable forthwith. Ms.Aishvarya, learned advocate waives service of rule on behalf of the respondent.

2. With the consent of learned advocates for the respective parties, the matter is taken up for hearing.

3. Heard Mr. G.M. Joshi, learned Senior Counsel with Mr. Vyom H. Shah, learned advocate for the petitioner and Ms. Aishvarya, learned advocate for the respondent.

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

“(A) This Honourable Court may be pleased to issue a writ of mandamus or in the nature of mandamus or any other appropriate Writ, direction or order directing the respondent Corporation to pay forthwith the amounts of leave encashment, areas of the recommendations of 6th pay commission and any other amounts which are lying with the respondent Corporation payable to the petitioner with interest at the rate of 18% per annum from the duty till the date of payment to the petitioner.

(B) This Honourable Court may be pleased to quash and set aside the impugned order of punishment dated 13 January 2014 as unauthorised, beyond the rules and therefore ultra virus in addition to being violative of Article 14 and 21 of the Constitution of India.

(C) This Honourable Court may be pleased to grant such other and further relief as may deem just and proper in the facts and circumstances of the case.

(D) This Honourable Court may be pleased to award exemplary costs to the petitioner”.

SHORT FACTS:

5. The petitioner was serving as Chief General Manager with respondent and subjected to disciplinary inquiry. It appears that during pendency of such inquiry, he came to be superannuated on 30.11.2010. Nonetheless, the petitioner was not granted any retiral benefits by the respondent due to pendency of the disciplinary inquiry. It is also grievance of the petitioner that due to the pendency of inquiry, benefits of Sixth Pay Commission and other benefits like leave encashment, etc., were not released by the respondent.

5.1. Upon conclusion of inquiry, the petitioner was found guilty of misconduct, whereby the Disciplinary Authority has imposed punishment and ordered recovery of Rs. 38,12,907.45/- from the petitioner. It is ordered that the said amount shall be recovered from his retiral benefits.

5.2. The petitioner appears to have challenged the said order before the Appellate Authority of the respondent who decided the appeal in favour of the petitioner vide order dated 23.10.2020, whereby it has quashed and set aside the order of Disciplinary Authority including imposing the aforesaid punishment/recovery.

5.3. It is informed by Ms. Aishvarya, learned advocate for respondent that all retiral benefits - dues of the petitioner including benefit of leave encashment and arrears of Sixth Pay Commission have been released and accordingly paid to the petitioner in the month of December, 2020.

SUBMISSIONS OF THE PETITIONER :

6. Mr. Joshi, learned Senior Counsel for the petitioner would submit that the petitioner is entitled to get interest due to delay in receipt of retiral benefits. It is submitted that for no fault on the part of the petitioner, h