CHHAYA NAGAR PALIKA Vs. STATE OF GUAJRA

JUDGEMENT

(1.) CHHAYA Nagar Palika- Municipality has challenged the decision of the State Government and the District Development Officer dated 28.7.2004 as well as dated 11.5.2004 respectively whereunder the amount of pension paid to one Smt. Jhaveriben Hiralal Thanki is ordered to be recovered from the petitioner.

(2.) I have heard learned advocates for the parties.

(3.) AS against the above arguments, learned Assistant Government Pleader Mr. Manan Maheta appearing for the State authority submitted that the liability of pension of Smt. Jhaveriben Hiralal Thanki was of the Municipality but the District Development Officer, Junagadh and the State of Gujarat were required to discharge such liability on behalf of the Municipality and therefore, the petitioner Municipality was required to pay such amount to the State Government as the State Government has discharged such liability on behalf of the Municipality. Mr. Maheta submitted that the Civil Court had not held the State Government exclusively liable for payment of pension to Smt. Jhaveriben Hiralal Thanki and since it was joint and several liability of all the defendants and since Smt. Jhaveriben Hiralal Thanki was employee of the Municipality, it was for the Municipality to discharge the liability and to pay such amount of pension to the State Government as the was paid to Smt. Jhaveriben Hiralal Thanki by the the State Government. Mr. Maheta therefore, urged to dismiss the petition.