The appellant herein was the respondent whereas the five companytesting respondents herein were the petitioners in the special civil applications petitions filed before the High Court.
It is apposite to mention that the very question, namely, whether an employee of a Municipality is entitled to claim pension pensionery benefits from his employerMunicipality was the subject matter of one litigation in Gujarat High Court.
The writ companyrt and the Division Bench were of the view that the issue in question has attained finality by the decision rendered in the case of Chief Officer vs. Mohamed Irshad Husenbhai Baloch and Others supra and affirmed by the order of this Court dated 16.09.2012.
214/2011 entitled Chief Officer vs. Mohamed Irshad Husenbhai Baloch and Others supra along with other companynected matters on 31.01.2013.
The companycerned Municipality felt aggrieved by the said order and filed special leave to appeal SLP Nos.15691 to 15700 of 2003 in this Court.
The appellant as respondent companytested the petitions.
The leading judgment was passed by the Division Bench in LPA No.
The five companytesting respondents, out of them four have expired and number represented by their legal representatives, were the employees of the appellantMunicipality.
3699 of 2014 and four others.
It was, however, dismissed by this Court by order dated 16.09.2013.
This gave rise to filing of the special civil applications petitions by the respondents against the appellant in the High Court of Gujarat being C.A. No.
The order was accordingly given effect to by sanctioning the pension to those employees, who were parties in the said litigation.
When the matter came up in appeals, the Division Bench also placed reliance on the view taken in Chief Officer vs. Mohamed Irshad Husenbhai Baloch and Others supra and dismissed the appeals.
The appellant declined to grant any pensionery benefits pension to all the five respondents stating that they were neither eligible and number entitled to claim the pension or and any pensionery benefits from the appellant.
On their attaining the age of superannuation in the appellants services on different dates, all the five respondents requested the appellant to settle their claims for payment of pension and pensionery benefits.
One of the respondents was appointed in the year 1990 whereas others were appointed in 1996 and 1998.
The appellant Municipality felt aggrieved and filed intra companyrt appeals before the Division Bench in the High Court.
By companymon impugned order, the Division Bench dismissed the appeals giving rise to filing of these appeals by way of special leave in this Court by the Una Nagar Palika Municipality .
Abhay Manohar Sapre, J. These appeals are directed against the companymon final judgment and order dated 06.10.2015 passed by the High Court of Gujarat at Ahmedabad Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.09.20 165113 IST Reason in Letters Patent Appeal No.1122 of 2015 in Special Civil Application No.3699 of 2014 with Letters Patent Appeal No.1065 of 2015 in Special Civil Application No.30402 of 2007 with Letters Patent Appeal No.1066 of 2015 in Special Civil Application No.4757 of 2012 with Letters Patent Appeal No.1067 of 2015 in Special Civil Application No.6137 of 2012 and Letters Patent Appeal No.1124 of 2015 in Special Civil Application No.11100 of 2014 whereby the Division Bench of the High Court disposed of the Letters Patent Appeals filed by the appellant herein on the basis of the judgment rendered by the Division Bench of the High Court in the matter of Chief Officers vs. Mohmad Irshad Husenbhai Baloch Ors.
The Single Judge of the High Court by passing separate orders on different dates allowed the petitions and held that the petitioners respondents herein are eligible and thus entitled to claim pension and pensionery benefits from the appellant being their employees and accordingly issued a writ of mandamus against the appellantMunicipality directing payment of pension to all the petitioners therein respondents herein from the date of their retirement.
The appellant is the Municipality also called Nagar Palika for the place called Una in the State of Gujarat.
