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SCA/4720/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4720 of 2011
=========================================================
JADAVBHAI
K CHHATROLA - Petitioner(s)
Versus
COLLECTOR
& 1 - Respondent(s)
=========================================================
Appearance
:
MR
ASIFKHAN I PATHAN for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 10/05/2011
ORAL
ORDER
1. Heard
learned advocate Mr.A.I.Pathan for petitioner and learned AGP
Mr.A.L.Sharma for respondent No.1.
2. In
present petition, the petitioner has prayed to direct the respondent
No.1 – Authority to recover gratuity amount of Rs.1,61,189/-
with 10% simple interest as directed by Controlling Authority and
also to execute recovery certificate (Annexure-F) against the Limdi
Municipality. Further relief is prayed to direct respondent No.2 to
pay an amount of gratuity as per order passed by Controlling
Authority.
3. The
Controlling Authority has passed an order which is at Annexure-A
(Page-18) in Gratuity Application No.4/2009 in favour of present
petitioner wherein Controlling Authority has directed to Limdi
Municipality to pay amount of gratuity of Rs.1,81,188.90 with 10%
simple interest w.e.f. 1.11.2007 by order dated 28.4.2009, which
order has been communicated to Chief Officer, Limdi Municipality by
Controlling Authority on 28.4.2009.
4. The
petitioner has retired on 30.9.2007, is also entitled the amount of
encashment leave of Rs.1,16,319/- as per office order dated 21.9.2010
passed by Chief Officer, Limdi Municipality. Similarly, on 30.7.2010,
amount of gratuity is also directed to be paid to petitioner by Chief
Officer, Limdi Municipality which comes to Rs.1,61,189/- after
deducting advance payment of Rs.20,000/-. Thereafter, request was
made by petitioner to Chief Officer, Limdi Municipality and on
30.9.2009 (page-20), a recovery certificate has been issued by
Controlling Authority under Section 8 in favour of District
Collector, Surendranagar. But no steps have been taken so far and
therefore, present petition is filed.
5. In
light of this background, it is directed to District Collector,
Surendranagar to execute the recovery certificate dated 30.9.2009
(Page-25) to recover the amount from Chief Officer, Limdi
Municipality as early as possible, within a period of one month from
date of receiving copy of present order while exercising powers under
provisions of Bombay Land Revenue Code and after recovering the
amount, deposit the said amount with Controlling Authority at Limdi
and to communicate these facts to petitioner immediately.
6. In
view of above observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
[
H.K.RATHOD, J. ]
(vipul)
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