Gujarat High Court
Tulsidas P Rajpara Retired Octroi Clerk vs Dhoraji Nagarpalika on 16 August, 2001
Author: P.B.Majmudar
Bench: P.B.Majmudar
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 6480 of 2001
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TULSIDAS P RAJPARA RETIRED OCTROI CLERK
Versus
DHORAJI NAGARPALIKA
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Appearance:
1. Special Civil Application No. 6480 of 2001
MR MD RANA for Petitioner No. 1-2
.......... for Respondent No. 1
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CORAM : MR.JUSTICE P.B.MAJMUDAR
Date of Order: 16/08/2001
ORAL ORDER
#. It is a matter of great regret that even the amount of Provident Fund which is contributed by the employees is taken away by those who were in charge of the administration of the Nagarpalika in the past. The Nagarpalika is the Trustee so far as the amount of Provident Fund is concerned. It is the grievance of the petitioners and in my view, it is the legitimate grievance that, in spite of the fact that, many employees have retired since long, they have not been paid their amount which was contributed towards the Provident Fund.
#. Last time, Mr.Premal Joshi, in dual capacity, as an advocate for the Nagarpalika as well as learned AGP, was asked to take appropriate action against those erring officers/office bearers of the Nagarpalika and even to submit the names of those who were in charge of the Nagarpalika at the relevant time so that the Court can take appropriate action against the said officers/office bearers. Mr.Joshi, today states that the Administrative Officer has already submitted necessary report to the State Government and that it is for the State to take action. Till today, the aforesaid particulars are not made available to the Court. In that view of the matter, State Government is directed to give necessary details and the names of those officers/office bearers who were in charge of the administration of Dhoraji Nagarpalika at the relevant time by the next date, as because of their misdeeds and fraudulent action of taking away the amount of Provident Fund, the Nagarpalika has been placed under this miserable situation.
#. Mr.Mishra has brought to the notice of this Court the office order of the Nagarpalika dated 6.8.2001 in which it is mentioned that this Court has directed the Administrator to strictly comply with the scheme which is submitted to this Court. The aforesaid office order is taken on record. It is clarified that this Court has not yet approved the scheme submitted by the Administrator and no final order is passed in the matter of approving the scheme and the said question is still pending for consideration before this court.
#. However, in order to see that, till the matter is decided the employees may not be without any payment, the Administrator may pay every month the amount at the rate of Rs.5000/- (Rupees Five Thousand Only) to all the employees of the Nagarpalika which may be adjusted towards the final payment. This order is passed without prejudice to the rights and contentions of the employees for claiming the whole or larger amount towards their dues. On behalf of the petitioners, a letter dated 15.8.2001 is produced and copy of the same is given to Mr.Joshi wherein particulars of immovable properties of the Nagarpalika is given. It is the say of the petitioners that, if some properties are disposed of, substantial amount can be paid to the employees. Mr.Joshi may take appropriate instructions in this behalf by the next date.
#. The matter is adjourned to 30.8.2001. The particulars of erring officers/office bearers are to be given by the next date. Since Mr.Joshi is also appearing as the Assistant Government Pleader in this matter, he should see that these particulars may be made available to the Court by the next date.
(P.B.Majmudar,J) (pathan)