Case Note & Summary
The petitioner, Rakesh Mahendrakumar Shah, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court against the Ahmedabad Municipal Corporation and another respondent. The petitioner sought a writ of mandamus declaring the action of the respondent authorities in granting permanency benefits from 2016 as illegal and directing them to confer such benefits with effect from 1990. The Court had earlier passed an order on 02.03.2026 noting non-payment of arrears of difference of pay by the respondents. The petitioner had placed on record the differential amount in a rejoinder affidavit. On 17.03.2026, the learned advocate for the respondent Corporation, Mr. H.S. Munshaw, stated under instructions that the Corporation was ready and willing to pay the differential amount as per the rejoinder affidavit. The Court recorded this statement and directed the Corporation to pay the amount within four weeks from the date of the order. It was further directed that if the amount was not paid within the stipulated time, the Corporation would be liable to pay interest at the rate of 6% per annum from the date of the order until actual payment. The petition was disposed of accordingly. The Court did not delve into the merits of the claim for permanency from 1990, as the limited issue of arrears was resolved by the Corporation's willingness to pay.
Headnote
A) Service Law - Permanency Benefits - Arrears of Pay - The petitioner sought a writ of mandamus directing the respondent Corporation to grant permanency benefits from 1990 instead of 2016 and to pay arrears of pay difference. The Court, after hearing, directed the Corporation to pay the differential amount as per the rejoinder affidavit within four weeks, failing which interest at 6% per annum would accrue. (Paras 1-7)
Issue of Consideration
Whether the petitioner is entitled to arrears of pay difference from 1990 instead of 2016, and whether the respondent Corporation is liable to pay the differential amount.
Final Decision
The Court directed the respondent Corporation to pay the differential amount as per the rejoinder affidavit within four weeks from the date of the order. If not paid within that time, the Corporation shall be liable to pay interest at the rate of 6% per annum from the date of the order until actual payment. The petition was disposed of accordingly.
Law Points
- Writ of Mandamus
- Article 226
- Permanency benefits
- Arrears of pay
- Municipal Corporation
