SHASHIKANT PRANSHANKER PANDYA Vs. COLLECTOR

JUDGEMENT

(1.) As common question of law and facts arise in all these petitions, they are being disposed of by this common judgement and order.

(2.) In all these petitions, the respective petitioners have prayed for an appropriate writ, order and/or direction, directing the concerned respondents to recover an amount as per the respective orders passed by Controlling Authority under the Payment of Gratuity Act in Gratuity Application No.77/2006 (Shashikant P. Pandya); Gratuity Application No.76/2006 (Ripulkant D. Desai); Gratuity Application No.75/2006 (Ramniklal M. Parmar); Gratuity Application No.88/2006 (Prataprai A. Dave) and Gratuity Application No.25/2006 (Navalbhai C. Mehta).

(3.) Mr.Neeraj Soni, learned Assistant Government Pleader has appeared on behalf of respondent Nos.1 and 2 and Shri Munshaw, learned advocate has appeared on behalf of respondent No.3. An affidavit-in-reply is filed on behalf of respondent Nos.1 and 2 and an affidavit-in-reply is also filed on behalf of respondent No.3. From the Affidavit-in-reply filed on behalf of respondent Nos.1 and 2, it appears that in fact respondent Nos.1 and 2 had on receipt of the Recovery Certificates tried to recover the amount from respondent No.3, however according to respondent Nos.1 and 2 as respondent No.3 conveyed to them that whatever amount due and payable towards pension etc. has been paid to the petitioners and that they have already approached the State Government for exemption, respondent Nos.1 and 2 thereafter did not take any further steps.