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SCA/4807/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4807 of 2011
=========================================================
MAHETA
SUKHDEVPRASAD REVASHANKAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
AG JOSHI for
Petitioner(s) : 1,MR DIPAK H SINDHI for Petitioner(s) : 1,
Mr
Anand L. Sharma, AGP for Respondent(s) : 1,
None for Respondent(s)
: 2 - 5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 27/04/2011
ORAL
ORDER
Heard
learned Advocate Mr. Dipak H. Sindhi for petitioner and Mr. Anand
Sharma, learned AGP for respondent State.
As
per para 8(B) of this petition, petitioner is praying to direct
respondent NO.2 to 4 to comply with order dated 13.4.2009 passed by
Respondent NO. 5 i.e. Controlling Authority under Payment of
Gratuity Act, Himmatnagar in Gratuity Case NO. 31 of 2008 and to
direct respondent no.2 to 4 to pay gratuity amount of Rs.2,00,340.00
with 10% simple interest from 26.4.2005 to petitioner. Order was
passed by Controlling Authority, Himmatnagar in Gratuity Case NO.31
of 2008 dated 13.4.2009 in favour of present petitioner with a
direction to Sathamba Gram Panchayat to pay amount of Gratuity to
petitioner with 10 per cent simple interest with effect from
26.4.2005. As said amount has not been paid by Sathamba Gram
Panchayat, under section 8 of Payment of Gratuity Act, 1972,
recovery certificate has been issued by Controlling Authority in
favour of District Development Officer, Sabarkantha District
Panchayat, Himatnagar dated 21.12.2009.
Learned
Advocate Mr. Sindhi for petitioner has submitted that though more
than one year has passed, effective steps have not been taken by
District Development Officer, Sabarkantha District Panchayat,
Himatnagar to recover amount of gratuity from Sathamba Gram
Panchayat. It is further submitted by learned advocate Mr. Sindhi
for petitioner that order passed by Controlling Authority has not
been challenged by Sathamba Gram Panchayat before appellate
authority and no stay is operating against order passed by
Controlling Authority dated 13.4.2009. He also submitted that
inspite of serious and sincere efforts made by petitioner, no
recovery is effected by District Development Officer, Sabarkantha
District Panchayat, Himatnagar to recover amount of gratuity from
Sathamba Gram Panchayat as per recovery certificate issued by
Controlling Authority, Himmatngar dated 21.12.2009.
In
light of this back ground and considering fact that workman
petitioner has retired from service and entitled for amount of
gratuity with effect from 25.4.2005, from that date, about more than
six years have passed and yet workman has remained without amount of
gratuity though order has been passed by Controlling Authority.
Therefore, in light of this back ground, it is directed to District
Development Officer, Sabarkantha District Panchayat, Himatnagar to
execute recovery certificate issued by Controlling Authority,
Himmatnagar dated 21.12.2009 for recovering amount of gratuity as
ordered by Controlling Authority from Sathamba Gram Panchayat within
period of two months from date of receipt of copy of present order
and after recovering said amount of gratuity from Sathamba Gram
Panchayat, it is directed to District Development Officer,
Sabarkantha District Panchayat, Himatnagar to deposit said amount
before Controlling Authority, Himmatnagar and thereafter to
immediately communicate about such recovery made from Sathamba Gram
Panchayat to petitioner.
In
view of these observations and directions, this petition is disposed
of by this Court without expressing any opinion on merits. DS
Permitted.
(H.K.
Rathod,J.)
Vyas
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