Gujarat High Court
Mehsana-Patan Jilla Ashram Shala ... vs State Of Gujarat & 9 on 18 July, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/12709/2004 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12709 of 2004
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MEHSANA-PATAN JILLA ASHRAM SHALA KARMACHARI
SANGH....Petitioner(s)
Versus
STATE OF GUJARAT & 9....Respondent(s)
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Appearance:
MR KB PUJARA, ADVOCATE for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 1 - 10
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 18/07/2016
ORAL ORDER
1. By this writ application under Article 226 of the Constitution of India, the petitioner, a Registered Public Trust, has prayed for the following reliefs;
"(a) To quash and set aside the impugned action of the respondents in stopping/withholding the benefits of medical allowance, house rent allowance (HRA), leave travel concession (LTC), bonus, higher pay scales, pay scales of Vth Central Pay Commission etc., already extended and paid to the employees of Ashram Shalas from time to time, as also the action of making recoveries of the amount already paid in the pay by way of aforesaid benefits;
(b) To quash and set aside the impugned Circulars dated 3.12.2003 and 17.11.2003 and G.R. Dated
2.11.1999 as per Annexure-E colly in so far as they deny the benefits of higher pay scales, bonus etc. to the Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Jul 20 02:33:26 IST 2016 C/SCA/12709/2004 ORDER petitioners.
(c ) To direct the respondents to continue to pay benefits of medical allowance, house rent allowance (HRA), leave travel concession(LTC), bonus, higher pay scales, pay scales of Vth Central Pay Commission etc., as were being paid to the employees of Ashram Shalas until the impugned actions were taken;
(d) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to restrain the Respondents, their agents and servants from recovering and from withholding any benefits of medical allowance, house rent allowance (HRA), leave travel concession (LTC), bonus, higher pay scales, pay scales of Vth Central Pay Commission etc., which have already been extended and paid to the employees of Ashram Shalas in the past;
(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED TO direct the respondent to refund the amount already recovered from the Ashram Shalas towards benefits extended and paid by way of medical allowance, house rent allowance (HRA), leave travel concession (LTC), bonus, higher pay scales, pay scales of Vth Central Pay Commission etc., to the employees of Ashram Shalas;
(f) To grant any other appropriate and just relief/s and also to grant costs of this petition;"
2. On 8.5.2015, the following order was passed;
"Mr. Swapneshwar Goutam, learned Assistant Government Pleader states, upon written instructions dated 08.05.2015 from the Under Secretary, Social Justice and Empowerment Department, that it would take approximately eight months for the respondents to give the petitioner and the similarly situated persons the benefits that have been claimed in the petition, and which have now been directed to be given by the judgment of the Supreme Court.
Upon perusal of the prayers made in the petition, it appears that apart from the benefits of medical allowance, house rent allowance, leave travel concession, Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Jul 20 02:33:26 IST 2016 C/SCA/12709/2004 ORDER bonus, higher pay scales, pay scales of 5th (and 6th) Pay Commission, the petitioner has also prayed for the refund of the amount of recoveries already made from the employees of the Ashram Shalas.
Insofar as the grant of the benefits enumerated hereinabove are concerned, it is possible that it may take some time. However, the refund of the amount recovered from the petitioner can be expedited. For this purpose, learned Assistant Government Pleader may take instructions, in this regard.
List on 19.06.2015."
3. Today, when the matter is taken up for hearing, Mr. Goutam, the learned AGP, has placed on record the communication from the State Government addressed to him in his capacity as the Assistant Government Pleader as regards the developments in the matter. The letter reads thus;
"Sir, With reference to above cited subject, I would like to inform you that pursuant to Hon. Gujarat High Court's order in Special Civil Application No.11651/2004 and other allied matters, the State Government vide its Government Resolutions No.SSP/102013/623260/A.1 dated 24.06.2015 & 19.03.2016, has decided to provide benefits to the teaching and non teaching staff of Ashram Schools at par with the Primary Schools run by District Panchayat Education Committee and Private Primary Schools run by the Charitable Trusts. The benefits of the said resolutions are extended to the employees who are recruited in accordance with laws, rules and regulations framed for that purpose.
After this brief background, I would further like to submit that so far as the oral order in SCA No.12709/2004 of Hon. Gujarat High Court dated 08.05.2015 is concerned, there is likelihood that there are similarly situated employees in the said case as covered by the above mentioned Government Resolutions dated 24.06.2015 & Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Jul 20 02:33:26 IST 2016 C/SCA/12709/2004 ORDER 19.03.2016. If the petitioners in SCA 12709/2004 are recruited in accordance with laws, rules and regulations framed for that purpose, they are eligible to avail benefits of the Government Resolutions dated 24.06.2015 & 19.03.2016. We are in the process of verifying their recruitment procedure and after the completion of the verification, the issue of refund of the recovery shall be settled within one month.
Kindly request the Hon. Court to grant us time to finalize the issue."
4. Since the process of verifying the necessary details is in progress, and the same is likely to take about a month's time, post this matter for further hearing and reporting of the developments on 22nd August, 2016.
(J.B.PARDIWALA, J.) Vahid Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Jul 20 02:33:26 IST 2016