Thakor Gabhaji Virsangji & 5 vs State Of Gujarat & 2 on 2 March, 2016

[Cites 1, Cited by 0]

Gujarat High Court

Thakor Gabhaji Virsangji & 5 vs State Of Gujarat & 2 on 2 March, 2016

Bench: J.B.Pardiwala

                    C/SCA/3488/2016                                                    ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        SPECIAL CIVIL APPLICATION NO. 3488 of 2016

         ==========================================================
                       THAKOR GABHAJI VIRSANGJI & 50....Petitioner(s)
                                        Versus
                          STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR DAIFRAZ HAVEWALLA, ADVOCATE for the Petitioner(s) No. 1 - 51
         MR. HARSHAD D BAROT, ADVOCATE for the Petitioner(s) No. 1 - 51
         ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                            Date : 02/03/2016


                                              ORAL ORDER

By this writapplication under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs: 17(A) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authority to pay HRA at 20% and CLA as per basic salary of the petitioners from the date of their appointment and HRA at 20% as per the norms of the Sixth Pay Commission with effect from 01/04/2009 and further be pleased to hold that the petitioners are serving at a place covered under the Gandhinagar Urban Agglomeration which includes the extended limits of the Gandhinagar Municipal Corporation and the peripheral limits of 8 kms as per the definition of Urban Agglomeration in the interest of justice.

(B) Pending hearing and final disposal of the present petition the respondents be directed to pay HRA at 20% and CLA as per basic salary of the petitioners from the date of their appointment and HRA at 20% and CLA as per the State Government Resolution of 2009 (accepting the norms of the Sixth Pay Commission) with effect from 01/04/2009 in the interest of justice.

Page 1 of 2

HC-NIC Page 1 of 2 Created On Fri Mar 04 02:05:55 IST 2016 C/SCA/3488/2016 ORDER (C) Pending the hearing and final disposal of the present petition, the Hon'ble Court be pleased to direct the respondents to release the arrears, which is payable to the petitioners as per the recommendations of the Sixth Pay Commission in the interest of justice.

(D) Pending the hearing and till final disposal of the present petition this Hon'ble Court be pleased to grant payer in terms of prayer (B) on such terms and condition which the Hon'ble Court may deem fit in the interest of justice.

Learned counsel for the petitioners state that identical petitions have been admitted by this Court and the same are pending for final disposal.

Rule. To be heard with Special Civil Application No.1791 of 2007.

In view of the order relied upon by the petitioners as well as the respondents, passed in Special Civil Application No.1791 of 2007, adinterim relief in terms of paragraph17(B) is granted, on condition that the petitioners shall file undertakings before this Court, with a copy to the School Management and the District Primary Education officer, to the effect that in case they are not successful in these petitions, they shall refund the amount of HRA and CLA, which shall be paid as per this interim order, with 9% interest to the respondentsauthorities.

Direct service is permitted.

(J.B.PARDIWALA, J.) Mohandas Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Mar 04 02:05:55 IST 2016

Unlock Advanced Research with PRISMAI

Gujarat High Court