STATE OF GUJARAT THROUGH EXECUTIVE ENGINEERversusPRAHLADBHAI JAVAHARBHAI KOLI PATEL

     C/SCA/161/2026                             ORDER DATED: 09/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 161 of 2026
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         STATE OF GUJARAT THROUGH EXECUTIVE ENGINEER
                             Versus
           PRAHLADBHAI JAVAHARBHAI KOLI PATEL & ORS.
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Appearance:
MS AGNEYA MANKAD, ASST. GOVERNMENT PLEADER for the
Petitioner(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                            Date : 09/01/2026
                             ORAL ORDER
1.    Present petition is   led by the petitioner – State of Gujarat
against the order dated 30.06.2025 passed by the respondent No.2 -
Appellate Authority, Ahmedabad under Payment of Gratuity Act, 1972
(hereinafter be referred to as “the Act”) in Gratuity Appeal No. 97 of
2024, whereby, the learned Appellate Authority has rejected the
appeal     led by the petitioner and con rmed the order dated
28.10.2024 passed by the respondent No.3 – Controlling Authority,
Ahmedabad in Gratuity Case No. 261 of 2024, whereby, the learned
Controlling Authority has granted the bene ts of gratuity to the
respondent No.1 herein amounting to Rs.2,015/- from 01.02.2024 till
realization.


2.    Brief facts giving rise to the present petition are that, the
respondent-workman had joined the o6ce of the petitioner as daily
wager on 01.01.1982 and superannuated on 30.04.2015. That, the
total span of service of the respondent-workman was 33 years. That,
at the time of retirement, the O6ce of the petitioner paid gratuity of
220 years as per the provisions of Gujarat Civil Service (Pension)
Rules, 2002 at Rs.2,13,587/-. That, the respondent herein had led a
Writ Petition, being Special Civil Application No. 7585 of 2023, before


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     C/SCA/161/2026                               ORDER DATED: 09/01/2026




this Court with a prayer to release the bene ts of encashment of 300
days of unveiled leave as envisaged in the GR dated 17.10.1988 and
also for a direction to revise the pension as well as gratuity, taking the
date of initial appointment as the date of computation for the
purposes of such bene ts. That, this Court, vide order dated
28.04.2023, had directed to extend the bene ts of 300 days of
privilege leave to the petitioners and also revised pensionary bene ts,
including the terminal bene ts in the case of the petitioners, and
recompute the pension and pensionary bene ts by counting the
service of the petitioners from the initial date of appointment. That,
this Court, vide order dated 28.04.2023, had directed to pay revised
pensionary bene ts to the applicant within a period of Eight weeks
from the date of the order. Therefore, the o6ce of the petitioner, vide
Cheque No. 849893 of State Bank of India, has paid an amount of Rs.
3,09,675/- towards arrears of gratuity within limits of 33 years of
service of Rs.1,09,885/- and Rs.1,99,790/- for Leave Encashment to
the respondent No. 1. That, as per the say of the respondent No. 1, he
had worked for 33 years, therefore, the respondent No. 1 made an
application seeking bene ts of gratuity by lling up Form-I before the
petitioner. That, respondent No.1 was already paid the gratuity for 22
years and in due course, the respondent No.1 was entitled to receive
remaining gratuity within limit of 33 years of service as per the
Government norms. However, the respondent No.1 made an
application seeking gratuity for total 33 years, before the o6ce of the
Controlling Authority by     lling up Form-N. That, the petitioner on
16.04.2024      led Written Statement before the Authority in Gratuity
Case No.261 of 2024. The learned Authority vide order dated
28.10.2014 granted the bene ts of gratuity to the respondent No.1
herein amounting to Rs.2,015/-. Being aggrieved with the same, the


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        C/SCA/161/2026                                                         ORDER DATED: 09/01/2026




petitioner preferred an appeal being Gratuity Appeal No. 97 of 2024,
whereby, the learned Appellate Authority has rejected the appeal and
con rmed the order dated 28.10.2024.


3.       Being aggrieved and dissatis ed with the aforesaid orders
dated 30.06.2025 and 28.10.2024 passed by the respondent Nos.2
and 3 respectively, the petitioner has preferred the present petition.


4.       Heard Ms. Agneya Mankad, learned Assistant Government
Pleader, appearing for the petitioner.


5.       Though various grounds have been raised in the memo of
petition, the fact remains that the total amount involved in the
petition is only Rs.2,015/-, which is a very small amount. Considering
the smallness of amount, this Court deems it                                          t not to exercise
jurisdiction under Articles 226 & 227 of the Constitution of India.
Accordingly, without entering into the merits of the matter only on the
ground of smallness of amount with a further clari cation that this
may not be considered as precedent in other matters, the petition is
dismissed. There shall be no order as to costs.


6.       The petitioner is directed to deposit the amount of gratuity as
awarded by the Controlling Authority and the same shall be disbursed
in favour of the respondent-workman, after verifying his bank details
and after following due procedure, through RTGS/NEFT, within a
period of eight weeks from the date of receipt of order of this Court.



                                                                   (HEMANT M. PRACHCHHAK,J)
Dolly

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 09/01/2026 17:06:58

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