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SCA/4719/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4719 of 2011
=========================================================
ROHITKUMAR
AMBASHANKAR ACHARYA - 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.2,13,481/-
with 10% simple interest from respondent No.2 as per certificate
issued by Controlling Authority to petitioner and further prayer is
made to direct respondent No.2 to pay aforesaid amount of gratuity
as per order passed by controlling authority.
3. The
Controlling Authority has passed an order which is at Page-18 in
Gratuity Application No.3/2009 dated 28.4.2009, directing Limdi
Municipality to pay amount of gratuity of Rs.2,43,840/- with 10%
simple interest w.e.f. 1.4.2008 to petitioner. The petitioner has
retired from service on 29.2.2008. The Controlling Authority has
communicated order passed under Gratuity Application to Chief
Officer, Limdi Municipality (page-20). The office order passed by
Chief Officer, Limdi Municipality to the effect that petitioner is
entitled to Rs.2,17,481/- amount of gratuity after deducting advance
payment of Rs.30,000/- as per office order dated 30.7.2010. Page-22
is another office order dated 21.9.2010 wherein leave encashment
amount of petitioner comes to Rs.1,23,627/- which is also required to
be paid by Limdi Municipality. For that, request was made by
petitioner on 22.5.2009 and thereafter, recovery certificate has been
issued on 30.9.2009 by controlling authority under Section-8 to
District Collector, Surendranagar.
4. In
light of this background and considering the facts as stated by
learned advocate Mr.Pathan that order passed by controlling authority
in gratuity application is not challenged by Municipality to higher
authority and no stay is operating against present order of
controlling authority.
5. In
light of this background, it is directed to District Collector,
Surendranagar to execute the recovery certificate dated 30.9.2009 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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