Gujarat High Court
Ganpatbhai Shambhubhai Patel vs The Baroda Gujarat Gramin Bank on 8 February, 2023
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/4677/2022 ORDER DATED: 08/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4677 of 2022
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GANPATBHAI SHAMBHUBHAI PATEL
Versus
THE BARODA GUJARAT GRAMIN BANK
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Appearance:
MR. BHAUMIK DHOLARIYA(7009) for the Petitioner(s) No. 1
MR DARSHAN M PARIKH(572) for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 08/02/2023
ORAL ORDER
1. This petition under Article 226 of the Constitution of India is filed with prayers as under:
"A. YOUR LORDSHIPS may be pleased admit and allow this petition;
B. YOUR LORDSHIPS may be pleased issue a writ of certiorari or prohibition or any other appropriate writ, Order or direction and be pleased to quash and set aside the impugned Communication/Order No.BGGB:MRO:HRM:432:2021-22 dated 09.11.2021 issued by the Respondent No.3;
C. YOUR LORDSHIPS may further be pleased to direct the Respondents-
i. to forthwith refund the recovery of Pension and Commutation made from the Petitioner with interest @ 18% from the date of recovery till the date of realization of the amount; and ii. to continue paying the Pension and Commutation to the Page 1 of 5 Downloaded on : Thu Feb 09 20:48:53 IST 2023 C/SCA/4677/2022 ORDER DATED: 08/02/2023 Petitioner;
D. YOUR LORDSHIPS may be pleased to direct the Respondents to pay 18% interest on the delayed payment of pension amount of Rs.9,86,895/- for the period from 01.06.2019 to 01.06.2021; E. During the pendency and till the final disposal of this petition, YOUR LORDSHIPS be pleased to-
i. stay further execution, operation and implementation of the impugned Communication / Order No. BGGB:MRO:HRM:432:2021-22 dated 09.11.2021 issued by the Respondent No.3 and consequently be pleased to restrain the Respondents from recovering any amount from the Commutation and Pension of Petitioner;
ii. direct the Respondents to unfreeze the Bank Account No.721110006788 of the Petitioner with the Baroda Gujarat Gramin Bank, Mehsana Branch; and iii. direct the Respondents to produce on record details of calculation of the pension and commutation paid and payable to the Petitioner before the returnable date;
iv. direct the Respondents to continue paying Pension to the Petitioner;
F. Be pleased to award the costs of this Petition;"
2. At the outset, both the learned Advocates for the respective parties have placed on record the document, which is indicating an amicable settlement between the parties. The same is taken on record.
3. However, learned Advocate has submitted that in so far as the interest on commuted pension is concerned, the petitioner has not insisted.
4. According to learned Advocate for the petitioner, the petitioner is Page 2 of 5 Downloaded on : Thu Feb 09 20:48:53 IST 2023 C/SCA/4677/2022 ORDER DATED: 08/02/2023 entitled to get interest on delayed payment of the amount, which is recovered from his pension on account of the fault of the Bank, as the Bank was unable to calculate the pension to be paid at the relevant time in proper manner.
5. The Court has found from the record that the Petitioner was under
suspension from 04.05.2018 to 04.03.2019. In the circumstances, as per Regulations 36(4) his average emoluments were required to be taken into account and hence emoluments for the 10 (ten) months of September 2017 to December 2017 (4 (four) months) January 2018 to April 2018 (4 (four) months) and April and May 2019 (2 (two) months were required to be taken into account for fixing his average emoluments. It appears that the Regional Office, Mehaana, by Format-4 dated: 09-04-2021, certified basic pay of the Petitioner. The Pension Cell, in view of the certificate prepared Calculation Sheet for making payment of Pension. In view of the same, the average emoluments for Pension were fixed at Re.26466/-. So far as these calculations are concerned, there were no mistakes and the Petitioner was paid commutation amount of Rs.1,003,590. Similarly, he was paid an amount of Re.986,895/- as arrears of Pension from June 2019 to April 2021. Incidentally the salary of certain bank staff was revised with effect from 01-11-2017 in term of 11 th Bi-Partite Settlement and joint note signed on 11.11.2020. Consequently, salary was revised from 01.11.2017 and accordingly arrears were paid by bank to existing and Page 3 of 5 Downloaded on : Thu Feb 09 20:48:53 IST 2023 C/SCA/4677/2022 ORDER DATED: 08/02/2023 retired staff. In other words salary for period prior to 01-11-2017 stood unrevised and for which no arrears were required to be paid. So far as the salary is concerned, the Petitioner is paid correct salary and no recovery is sought to be made with respect to the same. It appears that since the basic pay was revised from 01.11.2017, in case of the Petitioner his basic pay for fresh fixation of Pension, in term of 11 th Bi-
Partite Settlement, was required to be taken into account only from 01.11.2017 for considering his average emoluments after taking into account revised basic pay of last ten months in Format-4 of the Pension Regulations. It appears that the Regional Office, Mehsana, while preparing Format-4 dated 26-08-2021, certified basic pay of the Petitioner. The Pension Cell, in view of the said certificate prepared Calculation Sheet for making payment of Pension. In view of the same, the average emoluments for Pension were fixed at Rs. 40,211/-. On the basis of the Calculation Sheet the revised amounts of Commutation and Pension to the Petitioner were re-fixed and paid along with arrears, if any, on 31-08-2021 as under :
[1] Commutation Arrears: Rs.521211/-
[2] Pension Arrears : Rs.22228/- Total: Rs.543439/-
Thus, the total amount of commutation was Rs.1,524,801/- and pension was at Rs.11,21,260/- till 31-07-2021.
6. However, it appears that the aforesaid impugned Communication dated Page 4 of 5 Downloaded on : Thu Feb 09 20:48:53 IST 2023 C/SCA/4677/2022 ORDER DATED: 08/02/2023 26th October, 2021 as well as impugned Communication dated 9 th November, 2021, both were issued without following principles of natural justice and as effect of the impugned Communications directly had effect on the pension, which was to be paid to the petitioner, in the opinion of the Court, the respondent-Bank ought to have followed principle of natural justice before issuing such impugned Communications.
7. In view of the aforesaid, impugned Communication dated 26 th October, 2021 as well as impugned Communication dated 9 th November, 2021 are ordered to be quashed and set aside. Leaving it upon the Bank to undertake the process in accordance with the law by following principle of natural justice and afresh coming to calculation for recovery, if any, upon excess payment of commutation and pension. The amount, if any already paid, may be adjusted as per the final calculation.
8. In view of the aforesaid, the petition stands disposed of accordingly.
Notice is discharged.
Direct service is permitted.
(A.Y. KOGJE, J) PARESH SOMPURA Page 5 of 5 Downloaded on : Thu Feb 09 20:48:53 IST 2023