C/SCA/20390/2016 ORDER DATED: 04/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 20390 of 2016 ========================================================== ASHWIN PRABHUDAS GHUSANI Versus JUNAGADH MUNICIPALITY & ORS. ========================================================== Appearance: HCLS COMMITTEE(4998) for the Petitioner(s) No. 1 MS G R VIJAYALAKSHMI(5047) for the Petitioner(s) No. 1 MS DEVANSHIBA D RANA, AGPfor the Respondent(s) No. 2,3 MR HS MUNSHAW(495) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 4 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 04/07/2025 ORAL ORDER 1. The prayer made in this writ petition is for directing the respondent Corporation to grant interest @ 12% on the delayed payment of earned leave from 1.1.2009 to 15.4.2015. 2. It is the case of the petitioner that there was delay in payment of the earned leave and, therefore, the petitioner would be entitled for payment of interest. 3. Reply has been filed by the Corporation, wherein it stated as follows: “2. The respnt. no.1 humbly submits that the petitioner herein retired from the employment of Municipal Corporation on 31.12.08 and thereafter he was paid an amount of Rs.5,33,472/- on 4.4.09 lying in his contributory Provident Fund Account. Junagadh Municipal Corporation has not implemented a pension scheme and Contributory Provident Fund Scheme is under implementation for its C/SCA/20390/2016 ORDER DATED: 04/07/2025 employees. It is submitted that the petitioner is also paid a gratuity amount of Rs.3,40,026.50 as under: 3. 1. Rs.2,39,293.00 on 23.1.09. 2. Rs.43,509.50 on 18.11.09 [for a period of service as a daily wager] 4. Rs.28643/- on 15.4.15 [Rs.17781/-on 23.5.16 towards interest of Rs.28643/-] The differential amount was paid due to benefits of higher pay scale granted to the petitioner. 5. Rs.10800/- on 18.8.15 [towards differential amount on release of Dearness Allowance while he was in service]. The respnt. no.1 further submits that the petitioner is also paid an amount of Rs.1,24,068/- on 23.1.09 towards Leave Encashment and thereafter further amount of Rs.5903/- on 3.1.12 due to difference of salary as the pay was refixed on release of dearness allowance.” 4. As could be seen from the above, the Corporation has stated on oath that it has paid a sum of Rs.1,24,068/- on 23.1.2009 towards leave encashment. It is not in dispute that the petitioner had attained the age of superannuation on 31.12.2008 and he has been paid leave encashjment on 23.1.2009, i.e. within about 23 days from the date of his superannuation. 5. It is also borne out from the record that further amounts were paid due to higher pay scale granted to the petitioner and differential amounts were also paid subsequently in 2012, 2015 and 2016. Page 2 of 3 C/SCA/20390/2016 ORDER DATED: 04/07/2025 6. In my view, since the petitioner was paid all the monetary benefits for which he was entitled to immediately on attaining the age of superannuation, he would not be entitled for interest. The petitioner cannot contend that because the differential amounts was paid subsequently, he would be entitled for interest on such amount. Consequently, there is no reason found to entertain the writ petition. The petition is therefore, DISMISSED. Rule is discharged. Sd/- NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/07/2025 11:08:12