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MCA/2139/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2139 of 2008
In
SPECIAL
CIVIL APPLICATION No. 6264 of 1997
=============================================
UNION
OF INDIA & 2 - Applicant(s)
Versus
EX
JWO RAJIVKUMAR GUPTA S/O OMPRAKASH GUPTA - Opponent(s)
=============================================
Appearance :
MR
VH KANARA for Applicant(s) : 1 - 3.MR PURVISH J MALKAN for
Applicant(s) : 1 - 3.
MR RAMNANDAN SINGH for Opponent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 09/07/2010
ORAL
ORDER
1. This
review application, surprisingly is filed by Union of India-original
respondent with a prayer to recall the order dated 21.6.2007 passed
in Special Civil Application NO. 6264 of 1997.
2. By
the above order dated 21.6.2007 passed in Special Civil Application
No.6264 of 1997, respondent authority of Union of India was directed
to pay 12% interest on retiral dues of the petitioner from the date
of retirement till the actual payment is paid. It is not in dispute
that the petitioner employee retired from service on 28.2.1997 and
retiral dues were paid on 26.12.1997 and thus there is delay of about
10 months. In spite of the above fact that retiral dues have been
paid after 10 months of retirement and rendering of about 21 years of
service with Indian Air Force, no pension papers were prepared in
time as per the guidelines and directions of the Ministry and this
review application is filed to recall the earlier order.
3. By
filing such review application on a trivial ground, Union of India
namely, Group Captain, Station Commander, 47 Signal Unit, Air Force
has added one more Misc. Application in arrears of the cases before
this Court. From time and again, it is declared by the Law Ministry
that application in nature of miscellaneous and the orders which do
not cause serious prejudice and/or grave injustice, such order need
not be challenged by filing writ petition before the High Court. In
this Misc. Application, legitimate retiral dues of an employee of
Indian Air Force was paid belatedly by 10 months and for which, the
authority thought it fit not to pay interest and instead filed this
application for recall. Admittedly, no appeal is preferred against
the order dated 21.6.2007 passed in Special Civil Application NO.6264
of 1997.
4. If
12% interest on the retiral dues of the petitioner-Rajivkumar Gupta
is not paid within two weeks from today as directed in the order
dated 21.6.2007 in Special Civil Application NO.6264 of 1997, the
Group Captain, Station Commander, 47 Signal Unit, Air Force Station,
Vadsar, Tal. Kalol Dist. Gandhinagar, is directed to remain
personally present before this Court on 23rd July, 2010.
5. Direct
service is permitted.
6. In
addition to direct service, copy of the order be handed over to
learned advocate on behalf of applicants-reviewer and original
respondents.
[ANANT
S. DAVE, J.]
//smita//
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