Gujarat High Court
Ishwarbhai Chhotabhai Rathod vs State Of Gujarat & 4 on 25 June, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/17735/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17735 of 2013
With
SPECIAL CIVIL APPLICATION NO. 18661 of 2013
With
SPECIAL CIVIL APPLICATION NO. 17736 of 2013
TO
SPECIAL CIVIL APPLICATION NO. 17744 of 2013
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ISHWARBHAI CHHOTABHAI RATHOD....Petitioner(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Petitioner(s) No. 1
Mr SWAPNESHWAR GOUTAM, AGP for the Respondent(s) No. 1
MR DG CHAUHAN, ADVOCATE for the Respondent(s) No. 4
RULE SERVED for the Respondent(s) No. 1 - 5
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 25/06/2015
COMMON ORAL ORDER
This bunch of petitions was order to be notified for final disposal on 18.06.2015 on top of the board. Today, when the matter is taken up for hearing Mr. Goutam, the learned AGP submitted that the State would like to file reply to the petition.
The State should answer two questions i.e. (i) Although the State decided to revise the pay of the petitioners in terms of the 6 th Pay Commission recommendation, yet the same was given effect to from the year 2009 and not 2006. The State should explain why the benefits came Page 1 of 2 C/SCA/17735/2013 ORDER to be granted from the year 2009. (ii) Although the basic pay has been revised in terms of the 6th Pay Commission recommendation from 01.01.2009 yet the dearness allowance which is paid on the basic pay, is at the rate of 24%. The Government Resolution dated 13.10.2009 provides for dearness allowance at the rate of 64%. The reply shall be filed and placed on record.
The State should also provide the information as regards those employees to whom the benefit has been extended from the year 2006 with dearness allowance at the rate of 64% of the basic pay.
Let the matters appear on 06.07.2015 on top of the board.
A copy of the reply shall be served to the learned advocate appearing for the petitioners well in advance.
(J.B.PARDIWALA, J.) aruna Page 2 of 2