Gujarat High Court
Rana Kanaksinh Pratapsinh vs Sunaina Tomar Ias on 17 January, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/MCA/860/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 860 of 2017
In SPECIAL CIVIL APPLICATION NO. 4407 of 2016
==========================================================
RANA KANAKSINH PRATAPSINH
Versus
SUNAINA TOMAR IAS
==========================================================
Appearance:
MR KB PUJARA(680) for the PETITIONER(s) No. 1
MS NISHA THAKORE, AGP for the RESPONDENT(s) No. 1,2,3,6,7
MR RAJENDRA PATEL(645) for the RESPONDENT(s) No. 4,5
==========================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 17/01/2019
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) In the order dated 21.10.2016 rendered in Letters Patent Appeal No.1096/2016, notice was issued and it was directed that till the returnable date, the order of the Learned Single Judge to the extent of award of cost with 08% interest, shall remain stayed.
However, subsequently note for speaking to minutes was filed in the same proceeding pointing out that entire retiral dues have already been paid, except a sum of Rs.25,000/ and 8% interest on the retiral benefits awarded. The Court therefore, in order dated 19.9.2017 recorded that in the order inadvertently instead of "Rs.25,000/ and 8% interest on the arrears", same were worded as "Rs.25,000/ with 08% interest. Such mistake Page 1 of 2 C/MCA/860/2017 ORDER was therefore, rectified.
It is not in dispute that total Rs.40,65,346/ is paid to the petitioner towards retiral dues under the heads of gratuity, commuted pension, arrears of pension, leave salary, GPF, arrears of 6th pay commission and DA difference from 1.7.2012 to 31.10.2012 but the amount of cost of Rs. 25,000/ and 8% interest per annum on the arrears is yet to be computed and accordingly adjourned to 13.2.2019.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) RAGHUNATH R NAIR Page 2 of 2