Gujarat High Court
Natvarsinh Varvaji Chavda vs State Of Gujarat on 20 June, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/6924/2022 ORDER DATED: 20/06/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6924 of 2022
==========================================================
NATVARSINH VARVAJI CHAVDA & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR YATIN SONI(868) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5
6,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,75,8,9
MS NIDHI VYAS, AGP for the Respondent-State
GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4,5
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/06/2024
ORAL ORDER
1. Heard learned Advocate Mr.Yatin Soni for the petitioners and learned AGP Ms.Nidhi Vyas for the respondent State.
2. By way of this petition, the petitioners have prayed for the following reliefs :-
"10. (A) YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or direction and the respondent authorities be directed to pay interest at 9% on revised arrears of retirement benefits i.e. Gratuity, Commuted Value Pension and Arrears of Salary to each petitioners for delay payments from their respective date of retirement till the such amount are paid and further said amount of interest be paid within period of 3 months from the date of order as Page 1 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined consequential benefits with interest as observed in Judgments and orders includes the pensioner benefits.
(B) Pending hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondents to calculate the amount of interest on revised arrears of retirement benefits on Gratuity, Commuted Value Pension and Arrears of Salary at 9% interest for delay payments from their respective date of retirement till the such amount paid and submit report before this Hon'ble Court within period of three weeks from the date of order.
(C) YOUR LORDSHIPS may be pleased to grant such other and further reliefs as deemed fit in the interest of Justice."
3. It appears that the present petitioners had earlier approached this Court by way of two separate petitions namely Special Civil Application No.9516 of 2018 and Special Civil Application No.4462 of 2019. The relief sought for by the petitioners was for grant of higher pay scale as given to the petitioners of Special Civil Application No.5619 of 2004 at the interval of 9-20-31 years (for teaching staff) and at the interval of 12-24 years (for non-teaching staff). It would appear that a learned Co-ordinate Bench of this Court vide order dated 12.12.2018 and 8.04.2019 had allowed the petitions in terms of the prayers sought for. The prayers sought for by the petitioners in both the petitions being similar are reproduced herein below for benefits, petition-wise :-
Page 2 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024
NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined Relief sought for in Special Civil Application No. 9516 of 2018 :
"to grant the benefit of higher grade scale as equally given to petitioners of Special Civil Application No. 5619 of 2004 at the interval of 9-20-31 years (for teaching staff) and at the interval of 12-24 years (for non-teaching staff) to the members of the petitioner association along with differential amount of salary and all consequential benefits with interest."
Relief sought for in Special Civil Application No. 4462 of 2019 :
"to grant the benefit of higher grade scale to the petitioners as equally given to the petitioners of Special Civil Application No.5619 of 2004 and the members of association of Special Civil Application No.9516 of 2018 at the interval of 9-20-31 years (for teaching staff) and at the interval of 12-24 years (for non-teaching staff) along with such appropriate rate of interest as may be deemed fit by this Hon'ble Court as well as differential amount of salary and all consequential benefits with interest to the petitioners."
4. It appears that the decision of the learned Co-ordinate Bench having not been complied with, the petitioners had invoked the jurisdiction of this Court under the Contempt of Courts Act and vide decision dated 01.02.2022 in Misc. Civil Application No.450 of 2019 in SCA No.9516 of 2018 and allied matters, the Hon'ble Division Bench had recorded the statement of learned AGP that interest has been paid to all the writ petitioners and whereas on Page 3 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined such basis the contempt petition was disposed of.
5. The petitioners have approached this Court inter alia submitting that while the petitioners have been granted interest on the amount of higher pay scale as the petitioners were entitled to, yet, as per the directions of the learned Co-ordinate Bench, interest has not been paid on the consequential benefits.
6. It is submitted by learned Advocate Mr.Soni for the petitioners that the learned Co-ordinate Bench having directed grant of interest upon consequential benefits, there was no reason why the respondents ought not to have granted such benefits to the present petitioners.
7. On the other hand, this petition has been vehemently objected to by learned AGP Ms.Vyas for the respondent State. Learned AGP would submit that the State had granted interest upon the benefits of higher pay scale as much as the petitioners were entitled to. It is submitted that beyond the said interest the State is not required to grant any interest upon consequential benefits. It is further submitted by learned AGP that as such, the petitioners have waived of their rights for claiming any reminder of interest, more Page 4 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined particularly since before the Hon'ble Division Bench, the petitioners had never objected to the contention on part of the State, that nothing had survived for consideration of the Court when the Court had passed the order recording the statement of the learned AGP that interest had been paid to all petitioners. Learned AGP would further submit that since the Hon'ble Division Bench had not reserved any liberty in favour of the present petitioners, therefore, the petitioners were not entitled to invoke the writ jurisdiction of this Court. Learned AGP would further submit that as such the Special Civil Application No.9516 of 2018 and Special Civil Application No.4462 of 2019 were concerning approximately more than 450 petitioners and out of 450 such employees, only 75 petitioners have approached this Court and whereas it is submitted that the petition would not require any consideration.
8. Having heard the learned Advocates for the respective parties and having perused the documents on record, the issue which arises for consideration of this Court is whether the petitioners would be entitled to claim grant of interest upon consequential benefits as directed by the learned Co-ordinate Bench in decisions dated 12.12.2018 in Special Civil Application No. 9516 of 2018 and Page 5 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined 8.04.2019 in Special Civil Application No. 4462 of 2019. In both the petitions, the claim of the petitioners was that they should be granted benefit of higher grade scale as given to the petitioners of Special Civil Application No. 5619 of 2004 at the interval of 9-20- 31 years (for teaching staff) and at the interval of 12-24 years (for non-teaching staff) along with differential amount of salary and all consequential benefits, with interest. While the petitioners have been paid the principal benefits i.e. the amount of higher grade scale and the differential amount of gratuity, commuted value pension and also the arrears of salary, yet, interest has been paid to the petitioners only on the amount of higher grade scale and interest has not be paid upon the differential amount of gratuity, commuted value pension and on arrears of salary.
9. On the other hand, the stand of the State being that while the petitioners appear to be entitled to grant of interest as per the directions of this Court upon the amount of higher grade scale and differential amount of gratuity, commuted pension and arrears of salary, and yet the petitioners would not be entitled to the same in view of the order of the Division Bench of this Court dated 01.02.2022. According to the learned AGP, upon non-compliance Page 6 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined of directions of this Court in Special Civil Application No. 9516 of 2018 and in Special Civil Application No. 4462 of 2019 vide decisions dated 12.12.2018 and 8.04.2019, respectively, the petitioners had preferred applications under the Contempt of Courts Act, and vide decision dated 01.02.2022, the Division Bench of this Court had noted that interest had been paid to the petitioners and the petitioners having acquiesced to the same and the Division Bench having not granted any liberty to the petitioners to agitate the grievance as regards the remaining amount of interest, therefore, the petitioners, according to the respondents, have waived their right to claim for interest.
10. At this stage, since the decision of the Division Bench dated 01.02.2022 being relevant for present purpose, the same is reproduced hereinbelow for benefit.
"1. Mr. D.M. Devnani, learned AGP appearing for the Respondent-State has stated that by order dated 28.01.2022, interest of Rs.3,26,99,336/- has been paid to all the writ-petitioners. Thus, nothing survives for consideration in this contempt proceedings.
2. Accordingly, the contempt proceedings stand closed."
11. A perusal of the said decision inter alia reveals that the Division Bench had only noted that the State had paid an amount of Page 7 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined Rs.3,26,99,336/- being the amount of interest to all petitioners. In the considered opinion of this Court, the said order neither records that the amount mentioned by the Division Bench is full and final payment for the entire amount of interest. The Division Bench also does not observe that no further grievance of the petitioners for interest would survive on account of the afore-stated amount being paid.
12. Furthermore, by now, in the considered opinion of this Court, it is a well settled position that a proceedings under the Contempt of Courts Act, 1982, is not an adversarial proceedings. An applicant in a contempt application is not entitled to seek any relief for his benefit, rather the applicant can only seek a direction for taking action against the alleged contemner for willful disobedience etc. of an order of a Court. As a necessary corollary, neither any order passed by a Court in an action for contempt would act as res judicata in a substantive proceedings nor would an applicant be required to seek leave of the Court taking up the contempt application for initiating a substantive litigation with respect to a claim of the litigant arising from or in relation with the order of the Court, non-compliance of which, had led the litigant to bring an Page 8 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined action under the Contempt of Courts Act.
13. Thus, the order dated 01.02.2022 does not reveal that the Division Bench had in any manner observed about the grievance of the petitioners not subsisting, upon the State paying a consolidated amount of Rs.3,26,99,336/- as interest. On the other hand, non- grant of liberty for approaching the Court for agitating remainder of grievances, preclude the petitioners from preferring a fresh writ petition. The submission of the learned AGP on the said count cannot be countenanced and is hereby rejected.
14. Having regard to the above observations, since it is admittedly clear that the State does not dispute as regards the interest upon delayed payment of difference of gratuity, commuted value pension and arrears of salary, more particularly since the same stood granted by orders of this Court in Special Civil Application Nos. 9516 of 2018 and 4462 of 2019 vide decisions dated 12.12.2018 and 8.04.2019 respectively, therefore, the petitioners are declared to be entitled to the same. The respondents shall pay interest at the same rate, at which, interest had been paid to the petitioners upon payment of the arrears of higher grade scale as per order dated 28.01.2022, as noted by the Division Bench vide the Page 9 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024 NEUTRAL CITATION C/SCA/6924/2022 ORDER DATED: 20/06/2024 undefined order dated 01.02.2022. The petitioners would be entitled to interest from the date of entitlement to the date of actual payment. The said amount shall be paid to the petitioners within a period of ten weeks from the date of receipt of this order.
15. With the above observations and direction, the present petition stands disposed of as allowed.
(NIKHIL S. KARIEL,J) BDSONGARA/ V.V. PODUVAL Page 10 of 10 Downloaded on : Tue Jun 25 20:50:34 IST 2024