Gujarat High Court
L P Joshi vs Gujarat Maritime Board Thro on 6 December, 2013
Author: K.M.Thaker
Bench: K.M.Thaker
L P JOSHI....Petitioner(s)V/SGUJARAT MARITIME BOARD THRO CHIEF EXECUTIVE OFFICER C/SCA/12283/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 12283 of 2012 ================================================================ L P JOSHI....Petitioner(s) Versus GUJARAT MARITIME BOARD THRO CHIEF EXECUTIVE OFFICER & 1....Respondent(s) ================================================================ Appearance: MS HARSHAL N PANDYA, ADVOCATE for the Petitioner(s) No. 1 MS REETA CHANDARANA, ADVOCATE for the Respondent(s) No. 1 - 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE K.M.THAKER Date : 06/12/2013 ORAL ORDER
Heard Ms.Pandya, learned advocate for the petitioner and Ms.Chandarana, learned advocate the respondents.
In present petition, the petitioner has prayed, inter alia, that:
7(A) quash and set aside the impugned order dated 29.12.2010, Annexure-A to the petition, and (B) quash and set aside the impugned order dated 10.3.2011, Annexure-B to the petition, and (C) quash and set aside the impugned order dated 8.5.2012, Annexure-C to the petition, and (D) further be pleased to direct the respondent authorities to refund the amount recovered from the pay of petitioner and also to pay gratuity withheld to the extent of recovery with interest at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and (E) award the cost of the petition, (F) pending admission and final disposal of the petition, the Honourable Court may be pleased to direct the respondent authorities to pay the amount of gratuity withheld to the extent of recovery, and/or It has emerged from the submissions by learned advocates for the petitioner and the respondents, that the petitioner is liable to pay the arrears and rent at market rate and that since the petitioner has not paid the said amount, the respondents have withheld the payment of gratuity for adjusting/recovering the dues towards rent from the amount of gratuity.
To support and justify the action, learned advocate for the respondent Board relied on Regulation 133 of the Gujarat Civil Services (Pension) Rules, 2002.
The said provision does not contemplate power in the hands of respondent Board to withhold gratuity for recovery/adjustment of alleged dues e.g. towards allegedly unpaid House Rent at market rate in respect of quarter allotted to the employees.
Under the impugned order dated 8.5.2012, the respondent Board appears to have withheld gratuity in the sum of Rs.2,66,190/- towards adjustment/recovery of rent at market rate which is allegedly not paid by the petitioner.
Certain other amount appears to have been already adjusted Prima facie the said action of the respondent Board is unsustainable and is contrary to the decision by the Apex court in the case of Gorakhpur University vs. Shitla prasad Nagendra [2001 (O) GLHEL-SC 9736]. Under the circumstances, below mentioned order is passed.
RULE by way of interim relief, the respondent Board is directed to deposit the amount in question, i.e. the amount which is withheld from the amount of gratuity, in the Registry of this Court. Such amount should be deposited on or before 31.12.2013. After the said amount is deposited, it shall be invested by the Registry with fixed deposit with a nationalized bank and the interest should be passed over to the petitioner.
(K.M.THAKER, J.) Bharat Page 3 of 3