(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appellant-State has invoked clause-15 of the Letters Patent for calling into question order dated 22.7.2011 in SCA 9143 of 2011 of learned single Judge, whereby the appellant is directed to consider the representation dated 27.7.2010 of the original petitioner and pay such retirement benefits, as were not in dispute, as early as practicable. In making that order, learned single Judge relied upon the fact that earlier order dated 1.7.2010 in SCA 7317/2004 was not challenged, and practically the impugned order was a consequential order directing the appellant to implement the aforesaid order dated 1.7.2010.
2. The only argument addressed by learned AGP in the present appeal was that earlier order dated 1.7.2010 in favour of the respondent herein was also challenged by filing appeal alongwith an application for condonation of delay in filing that appeal. That application no. 2050/2012 is heard today and dismissed. Admittedly no other argument to defeat the claim of the respondent could be addressed. It was however, submitted by learned AGP that pursuant to an interim order dated 20th March, 2012 herein, the amount of Rs. 10,85,566/- is already deposited and appropriate order in that regard is required to be made. That order dated 20th March, 2012 reads as under :
"Learned AGP sought time to take instruction as regards the calculation of amount due to the petitioner, by way of retiral benefits upon demise of her husband, and as far as may be deposit that amount with the registry of this Court by the next date of hearing. Failing that learned AGP is requested to see that Principal Secretary, Revenue Department, Government of Gujarat, shall remain personally present before the Court to explain as to why two successive orders of this Court are not implemented for months together and why an interim order directing payment to the respondent should not be made. S.O. to 29th March 2012, as suggested by learned AGP."
3. It was submitted by learned AGP that at present exact calculation of the amount due to the respondent can not be produced and the amount which is deposited may be more than the total retiral benefits to which the respondent may be entitled. Therefore, she proposed to get the final calculation made and requested that the disbursement of the amount may be deferred by 15 days. Accordingly, while dismissing the appeal and the Civil Application made therein, it is directed that subject to further order in that regard, if any, the aforesaid amount of Rs. 10,85,566/- shall be paid to the respondent by account payee cheque in her name only after 18th July, 2012. In the meantime, it will be open for the appellant to make civil application for an order as regards full or partial disbursement of the amount as aforesaid.
( D.H.WAGHELA, J.) (G.B.SHAH, J.) cmj/ Top