GUJARAT WATER RESOURCES DEVELOPMENT CORPORATION LTD vs GUNVANTLAL C PANCHAL & ORS

Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the learned Single Judge in Special Civil

Application No.17481/2015 by which the learned Single Judge has directed all the original respondents including the appellant herein - Gujarat

Water Resources Development Corporation Ltd. to pay the pension / pensionary benefit to the original petitioner, the original respondent No.1 -

Gujarat Water Resources Development Corporation has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent.

Shri Chauhan, learned Advocate appearing on behalf of the appellant herein has stated at the Bar that against the very impugned common

judgment and order passed by the learned Single Judge but in other Special Civil Applications, the appellant herein - Gujarat Water Resources

Development Corporation preferred Letters Patent Appeal No.307/2017 and other allied Letters Patent Appeals before this Court and by

common judgment and order dated 28.02.2017, the Division Bench of this Court has partly allowed the said appeals preferred by the appellant

herein and has clarified that the appellant Corporation is not liable to pensionary benefits to the concerned petitioners, but the concerned District

Panchayat and the State Government, as the case may be, are liable to pay the pensionary benefits to the concerned petitioners. It is submitted that

as such the present appeal is a left out Letters Patent Appeal which was not notified alongwith the aforesaid Letters Patent Appeals. Therefore, he

has requested to dispose of the present appeal also in line with the common judgment and order passed by the Division Bench of this Court in

Letters Patent Appeal No.307/2017.

In view of the above and having heard Shri Chauhan, learned Advocate appearing on behalf of the appellant and Shri Dhawan Jayswal, learned

Assistant Government Pleader appearing on behalf of the State and considering the common judgment and order passed by the Division Bench of

this Court in Letters Patent Appeal No.307/2017 and other allied Letters Patent Appeals which as such were filed against the very impugned

common judgment and order passed by the learned Single Judge but with respect to other cognate Special Civil Applications and for the reasons

stated in the common judgment and order passed by the Division Bench of this Court in Letters Patent Appeal No.307/2017 and other allied

Letters Patent Appeals, present Letters Patent Appeal is partly allowed by clarifying that the appellant Corporation is not liable to pay the

pensionary benefits to the concerned petitioners but the concerned District Panchayat and the State Government, as the case may be, are liable to

pay the pensionary benefits to the concerned petitioners. Present Letters Patent Appeal is partly allowed to the aforesaid extent.