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Mohanlal Himmatlal Mehta vs Saurashtra University Through ... on 24 August, 2021

Author: A.J.Desai

Bench: A.J.Desai, A. P. Thaker

       C/MCA/109/2019                              ORDER DATED: 24/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 109 of 2019
             In R/SPECIAL CIVIL APPLICATION NO. 11739 of 2007
==========================================================
                  MOHANLAL HIMMATLAL MEHTA
                             Versus
      SAURASHTRA UNIVERSITY THROUGH REGISTRAR (ACTING) & 4
                             other(s)
==========================================================
Appearance:
MR ARPIT P PATEL(5497) for the Applicant(s) No. 1
DS AFF.NOT FILED (N)(11) for the Opponent(s) No. 2,3
MS AISHVARYA GUPTA, LD.ASSTT. GOVERNMENT PLEADER(1) for the
Opponent(s) No. 4,5
MR SHIVANG THACKER, LD.ADVOCATE FOR MR AR THACKER(888) for
the Opponent(s) No. 1
==========================================================
     CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
           and
           HONOURABLE DR. JUSTICE A. P. THAKER

                              Date : 24/08/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. By way of the present application under the provisions of Contempt of Courts Act, the applicant has prayed to take action against the respondent university and to comply with the judgement dated 14/02/2007 passed by Ld.Gujarat Universities Services Tribunal, which is confirmed by this Court.

2. Pursuant to the Notice issued by this Court, respondents have filled affidavit-in-reply and have submitted that the order is fully complied with.

3. Mr.Arpit Patel, learned advocate for the applicant would submit that some interest is not paid by the respondent authority on revised pension.

C/MCA/109/2019 ORDER DATED: 24/08/2021

4. On the other hand, Ms.Aishvarya Gupta, learned advocate appearing for the respondent Nos.4 & 5 has taken us through the additional affidavit dated 27/01/2021 filed by respondent No.4 and has submitted that though the amount was deducted twice, the authority had wrongly deducted amount and therefore interest is paid on that amount. Hence, this application may be dismissed. If the applicant has any grievance with regard to calculation, the applicant may approach the State authority with full details.

5. We have heard learned advocates appearing for the respective parties and perused the additional affidavit dated 27/01/2021 submitted by respondent No.4, in which, amount paid by the respondent authority is reflected in para-4, which reads as under:

"Arrears of salary from 01.11.2006 to 31/10/2008 Rs.8,92,936/- in which Rs.3,99,434/- was paid during 1.11.2006 to 31.08.2008 as a pension amount, after deducting this pension amount, net arrears of salary is Rs.4,92,932/- which amount is entitled for interest calculation and the same was paid vide cheque dated 12.04.2019 and cheque no 176837 of Central Bank of India University Campus Branch. And interest of this net arrears of salary @ 9% on Rs.4,92,932/- is Rs.5,37,344/- vide cheque dated 03.09.2019 and cheque no 177370 has been paid to the petitioner.

Revised leave encashment benefits i.e. 1,42,607/- vide cheque dated 12.04.2019 and cheque no 176838, Central Bank of India, University Campus Branch.

Interest was paid at the rate of 9% on revised leave encashment i.e. 1,55,518/- vide cheque dated 03.09.2019 and cheque no.177371.

Paid pension amount Rs.3,99,434/- was deducted twice i.e. by Saurashtra University and District Treasury Office, Rajkot and then University paid back the wrongly deducted amount of pension being Rs.3,99,434/- vide cheque dated 16.12.2019 and cheque no 177795.

       C/MCA/109/2019                               ORDER DATED: 24/08/2021



               Also University    paid   interest Rs.4,59,964/-  on

Rs.3,99,434/- the petitioner is not entitled for the interest because this amount was paid as a pension during 1.11.2006 to 31.10.2008 but the payment was made.

After revision of pension, pensioner the petitioner herein is entitled for interest on pension arrears amount and the interest on pension arrears is Rs.5,20,752/- in which amount paid by the respondent no.1 is Rs.4,59,964/- vide cheque no 178805 and dated 19.09.2020 That is how the deponent has granted 21,87,799/- in toto and the same is paid by the respondent university. It is further submitted that the interest which was required to pay on pension arrear was 5,20,752/- but the amount paid by the respondent no.1 is 4,59,964/- and hence, the amount of 60,788/- was required to be paid and for the same vide cheque dated 07.12.2020 and cheque no.504529 is issued on the name of the petitioner.

In view of above submissions the deponent states that the respondents have already complied with the order of the Hon'ble Single Judge in toto."

6. We are satisfied with the calculation shown by the learned advocates appearing for the respondents. In our opinion, this application deserves to be dismissed and is accordingly dismissed. However, it would be open for the applicant to approach the State Authority by supplying full details about his entitlement of interest. State Authority shall decide the same keeping in mind the order passed by the Ld.Gujarat Universities Services Tribunal as well as by this Court. Notice is discharged.

(A.J.DESAI, J) (DR. A. P. THAKER, J) DIPTI PATEL Page 3 of 3 Downloaded on : Tue Aug 24 23:14:26 IST 2021