LAWS(GJH)-2023-5-691

M.B. PRAJAPATI Vs. SHRI VINOD RAO

Decided On May 03, 2023
M.B. Prajapati Appellant
V/S
Shri Vinod Rao Respondents

JUDGEMENT

(1.) By way of this present Civil Application, the applicant has prayed for the following reliefs :-

(2.) It is the case of the applicant that the applicant initially filed Special Civil Application No. 9024 of 2014 for claiming pension and other retirement benefits for the entire service of 32 years rendered by him, wherein the applicant rendered 19 years of service as Assistant Teacher in Government Secondary School and 17 years service as ad-hoc Principal of DIET. However, the applicant was paid pension and other retirement benefits only by counting service of 19 years as ad-hoc Principal of Government Secondary School. As a result of this, feeling aggrieved by the interim order passed by the learned Single Judge, the applicant filed contempt petition being Misc. Civil Application No. 3192 of 2014 in Special Civil Application No. 9024 of 2014 in which the Division Bench was pleased to pass an order on 10/12/2014 whereby a direction was issued to respondents to deposit the differential amount in the Registry and same be invested in short term deposit and shall be paid to the parties as may directed by the Court.

(3.) It is asserted by the learned advocate appearing for the applicant that in the said proceeding respondent has provided a letter stating the statement of particulars of the amount deposited in the Registry. In the said statement it is stated that an amount of Rs.20,23,936.00 came to be deposited in the Registry and as such on 1/5/2023 a request was made to disburse the amount in favour of the applicant as indicated in the prayer made in the application. According to applicant, out of the said amount of Rs.20,23,936.00 an amount of Rs.11,25,692.00 is required to be returned back to the respondent Government, and as such, has requested that by deducting the said amount of Rs.11,25,992.00 rest of the amount be paid with interest.