SHAILESH SOMCHANDBHAI CHRISTIAN Vs. AHMEDABAD MUNICIPAL CORPORATION
LAWS(GJH)-2016-9-233
HIGH COURT OF GUJARAT
Decided on September 28,2016

Shailesh Somchandbhai Christian Appellant
VERSUS
AHMEDABAD MUNICIPAL CORPORATION Respondents

JUDGEMENT

N.V.Anjaria, J. - (1.) All the captioned petitions involve similar facts and identical issues. Therefore they were placed and heard together and are being decided by this common judgment. Amongst these petitions, though Special Civil Application No.7657 of 2015 is similar, the same contains the prayer to set aside judgment and award dated 24th March, 2015 passed by the Industrial Tribunal, Ahmedabad in Complaint (IT) No.01 of 2015, as the petitioner thereof had approached the said Forum. Special Civil Application No.7657 of 2015 was ordered to be listed as cognate to other captioned petitions. Accordingly the same was placed.
(2.) In all the petitions, the prayer is for issuance of direction to set aside the action on part of the respondent authorities in recovering and/or deducting amount from pension of the petitioners. It is also prayed to refund the amount recovered from pension with interest. As stated above, in Special Civil Application No.7657 of 2015 the additional prayer is to set aside the award of the Industrial Tribunal.
(3.) All the petitioners were appointed as daily wager Helpers in the Workshop Department of the respondent Ahmedabad Municipal Transport Service. The petitioner of Special Civil Application No.6119 of 2015 was appointed with effect from 07th March, 1977, came to be made permanent on the post of Helper with effect from 01st November, 1982 and worked on the post upto 1990. He came to be promoted as Fitter-II in the year 1990 on passing of the departmental examination. He was granted regular pay-scale of the post of Fitter belatedly with effect from 01st December, 1996. Respondent treated the petitioner as a permanent employee on the post of Fitter-II with effect from 01st March, 2000. The petitioner retired from service with effect from 31st March, 2014. 3.1 Petitioner of Special Civil Application No.6120 of 2015 was appointed on 16th February, 1977, became permanent as Helper on 01st November, 1982 and have been worked upto September, 1990, came to be promoted as Fitter-II as he passed the departmental examination. He was granted scale with effect from 01st July, 1995, and treated as permanent from 01st March, 2000. This petitioner retired on 31st July, 2012. 3.2 The petitioner of the third petition bear the similar facts as he was appointed with effect from 01st June, 1976, was made permanent as Helper with effect from 01st August, 1982. He worked upto 1990, when he got promotion as Fitter-II on passing of departmental examination. He was given the regular pay-scale in the cadre of Fitter from 01st July, 1994 and was treated as permanent on the post with effect from 01st Augst, 1999. On reaching the age of superannuation, he retired with effect from 01st March, 2010. 3.3 The petitioner of Special Civil Application No.6122 of 2015, was appointed as daily wager Helper with effect from 29th May, 1976 and was made permanent as Helper from 01st September, 1981. In 1988 he came to be promoted as Fitter-II in the year 1988 on passing of the departmental examination, was granted pay-scale with effect from 01st April, 1994 and was treated as permanent employee on the post of Fitter-II with effect from 01st August, 1999. He retired on 30th June, 2012. 3.4 The petitioner of Special Civil Application No.6123 of 2015, was appointed as daily wager Helper with effect from 14th March, 1977 and was made permanent on the post of Battery Boy with effect from 01st June, 1981. He came to be promoted as ElectricianII on passing of the departmental examination, was regularised on the post of Electrician-II with effect from 01st September, 1999. This petitioner came to be superannuated with effect from 01st November, 2013. 3.5 It is the case of the petitioners that respondent Transport Service extended the benefit of higher grade pay-scale to them in the year 2008 under the Scheme called 9-18-27. The salary was fixed and the pension was also fixed on the basis of the higher grade scale given on completion of the requisite length of service. The petitioners had been getting the regular pension since the respective date of retirement. Each of the petitioner getting Rs.14,759/- as regular pension, from which the respondents started recovering and deducting the amount from pension with effect from December, 2014. 3.6 The petitioner of the last petition Special Civil Application No.7657 of 2015 was appointed with effect from 08th March, 1977 and he came to be retired with effect from 31st May, 2013 upon reaching the age of superannuation, from the post of Auto ElectricianII. It is his case, similar to other petitioners, that without issuance of notice and without giving any opportunity, the respondent Transport Service started deducting and recovering amount from the pension. He approached the Industrial Tribunal by filing Complaint under Section 33-A of the Industrial Disputes Act, 1947. An interim application dated 27th January, 2015 in said Complaint No.01 of 2015 was filed. The Tribunal by order dated 24th March, 2015 rejected the said application which order came to be impugned by filing a petition and the same being similar on facts, was ordered to be listed and heard along with the rest of the captioned petitions.;


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