Case Note & Summary
The petitioner, Sitaben Ambalal Chauhan, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court seeking release of pension, gratuity, commuted pension, and other consequential benefits with 12% interest from 30.09.2021. During the pendency of the petition, the respondent authorities paid the gratuity and pension amounts on 23.05.2022, as confirmed by the Additional Treasury Officer (Pension), Ahmedabad. The learned Assistant Government Pleader, Ms. Forum Shah, submitted a calculation sheet which was taken on record. The petitioner's counsel, Mr. Bhuvnesh Gahlot, conceded that the principal relief had been granted but raised a grievance regarding excess deductions made towards loan payment interest. He sought liberty to challenge such deductions separately. The court granted the permission, allowing the petitioner to file an appropriate petition challenging the alleged excess recovery. Consequently, the court held that the principal prayer in the petition did not survive and disposed of the petition as infructuous, reserving liberty for the petitioner to pursue the ancillary claim.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Disposal of Petition - Petition seeking release of pension and gratuity becomes infructuous when the amounts are paid during pendency - Court disposed of the petition as not surviving, reserving liberty to challenge excess loan deduction separately (Paras 4-7).
Issue of Consideration
Whether the petition survives when the principal relief of payment of pension and gratuity has been granted during pendency
Final Decision
The court disposed of the petition as infructuous in respect of the principal relief, reserving liberty to the petitioner to file an appropriate petition challenging the alleged excess recovery of loan interest.
Law Points
- Writ petition under Article 226 becomes infructuous when principal relief is granted during pendency
- Liberty to file fresh proceedings for ancillary claims
Case Details
2026 LawText (GUJ) (03) 907
R/SPECIAL CIVIL APPLICATION NO. 4279 of 2022
MR NK MAJMUDAR, MR BHUVNESH GAHLOT, MS FORUM SHAH
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking release of pension, gratuity, and other consequential benefits.
Remedy Sought
Petitioner sought quashing of the action of respondent authorities in not releasing pension, gratuity, and other benefits, and direction to pay the same with 12% interest from 30.09.2021.
Filing Reason
Non-payment of pension, gratuity, and other consequential benefits by the respondent authorities.
Issues
Whether the petition survives when the principal relief of payment of pension and gratuity has been granted during pendency.
Submissions/Arguments
Respondent submitted that the principal relief has been granted as pension and gratuity were paid on 23.05.2022.
Petitioner conceded the payment but raised grievance about excess deduction towards loan interest and sought liberty to challenge it.
Ratio Decidendi
A writ petition under Article 226 becomes infructuous when the principal relief sought is granted during the pendency of the petition. However, the court may reserve liberty to the petitioner to pursue ancillary claims separately.
Judgment Excerpts
At the outset, Ms. Shah, learned AGP, would submit that so far as the prayer made in this petition would not survive, as during the pendency of this petition, the amount of gratuity and pension have been paid to the petitioner on 23.05.2022.
The permission as sought for is granted. It is open for the petitioner to file an appropriate petition challenging the alleged excess recovery of loan interest by the respondent.
Procedural History
The petitioner filed Special Civil Application No. 4279 of 2022 before the Gujarat High Court. During pendency, the respondent paid gratuity and pension on 23.05.2022. The court heard the matter on 20.03.2026 and disposed of the petition.
Acts & Sections
- Constitution of India: Article 226
