Facts
The respondent was a Clerk in the petitioner Municipality, having served from February 15, 1991, until his retirement on July 31, 2024
Source reference: p. 2A dispute arose regarding the calculation of his gratuity; the petitioner claimed his regular service began only in 1995, whereas the respondent claimed credit for 33 years of service
Source reference: p. 2The Controlling Authority, Rajkot, ordered the petitioner to pay a deficit of ₹67,933/- with 10% interest
Source reference: p. 1-2This order was upheld by the Appellate Authority on August 5, 2025
Source reference: p. 2The petitioner challenged these orders via the present Special Civil Application under Articles 226 and 227 of the Constitution of India
Source reference: p. 3Issues
1. Whether the High Court should exercise its extraordinary writ jurisdiction to interfere with the concurrent findings of the lower authorities when the disputed amount is nominal
Source reference: p. 3, para. 5Law Applied
The Court's decision was guided by the principle of judicial restraint regarding the "smallness of amount" in writ jurisdiction under Articles 226 and 227 of the Constitution of India
Source reference: p. 3While the Payment of Gratuity Act, 1972, governed the underlying dispute
Source reference: p. 1the court applied the discretionary principle that high courts may decline to entertain petitions where the financial stakes are too low to justify the expenditure of judicial time and resources, regardless of the merits
Source reference: p. 3Reasoning
The Court declined to examine the merits of the petitioner's arguments regarding the respondent's initial contractual appointment or the exact calculation of service years
Source reference: p. 3, para. 5Instead, the Court focused on the quantum of the award, noting that the total amount involved was only ₹67,933/-
Source reference: p. 3The Court reasoned that given the "smallness of amount," it was not a fit case for the exercise of its discretionary jurisdiction under Articles 226 and 227
Source reference: p. 3To prevent this exercise of discretion from affecting future litigation involving larger sums or different legal questions, the Court specifically clarified that this decision would not be treated as a precedent for other matters
Source reference: p. 3Holding
The Court dismissed the petition without entering into the merits due to the smallness of the amount involved
The petitioner-Municipality was directed to deposit the awarded gratuity amount and ensure its disbursement to the respondent-workman via RTGS/NEFT within eight weeks from the receipt of the order
Source reference: p. 3-4No order as to costs was made
Source reference: p. 3Original Court PDF
Jetpur Navagadh Municipality v. Vithhalbhai Bachubhai Kapadiya [2026:GUJHC:12345]
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