Gujarat High Court
Thakorbhai Chunilal Kachhiya vs State Of Gujarat on 2 April, 2018
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/19293/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19293 of 2015
THAKORBHAI CHUNILAL KACHHIYA
Versus
STATE OF GUJARAT
Appearance:
MR NK MAJMUDAR(430) for the PETITIONER(s) No. 1,2,3,4,5,6,7,8
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
RESPONDENT(s) No. 2
MR DM DEVNANI AGP (1) for the RESPONDENT(s) No. 1
MR HRIDAY BUCH(2372) for the RESPONDENT(s) No. 5
NOTICE SERVED(4) for the RESPONDENT(s) No. 2,3,4,6
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 02/04/2018
ORAL ORDER
Heard Mr. Sonar, learned advocate, for Mr. Majmudar, learned advocate for the petitioners, Mr. Kharadi, learned advocate, for Mr. Buch, learned advocate for the respondent No.5 and Mr. Devnani, learned AGP for the respondent No.1 - State.
2. In this petition, the petitioners have prayed, inter alia, that:-
"10-B) Be pleased to issue appropriate writ, order or direction and be pleased to direct the concerned respondent authorities to grant / disburse the benefits of 6th pay revision as per the Gujarat Civil Services Revision of Pay Rules, 2009 (6th pay commission), in accordance with the Government Resolution dated 29.06.2009 and Government Resolution dated 24.03.2011 w.e.f. 01.01.2006;
C) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to grant/disburse the benefits of 6th pay revision including difference of salary and all other consequential benefits be ordered to be paid with 12% interest w.e.f. 01.01.2006;
Page 1 C/SCA/19293/2015 ORDER D) Be pleased to grant interim relief and by way of interim order, be pleased to direct the respondent authorities to consider and decide the representations preferred by the petitioners, pending admission, hearing and final hearing of the petition, in the interest of justice;
ALTERNATIVELY D) Be pleased to grant interim relief and by way of interim order, be pleased to direct the respondent authorities to grant/disburse the benefit of 6th pay revision as per the Gujarat Civil Services Revision of Pay Rules, 2009 (6th pay commission) to the petitioner w.e.f. 01.01.2006 alongwith difference of salary and all other consequential benefits with 12% interest, pending admission, hearing and final disposal of the present petition;"
3. From the relief prayed for by the petitioners, it comes out that the petitioners seek benefit of pay revision in light of the recommendations of 6th Pay Commission.
3.1 It is not in dispute that the respondents have granted said benefit w.e.f. 2010, however, according to the petitioners, the said benefit should be granted w.e.f. 1.1.2006.
3.2 The petitioners have, so as to justify such demand, placed reliance on Resolution dated 29.6.2009 said to have been passed by the panchayat.
3.3 According to the petitioners, the panchayat passed Resolution No.3 dated 29.6.2009 and resolved to adopt the recommendations of 6th Pay Commission and to grant the benefit w.e.f. 1.1.2006.
Page 2 C/SCA/19293/2015 ORDER
4. Learned advocate for the petitioners and learned counsel for the respondents jointly submitted that similar petition (i.e. Special Civil Application No.19283 of 2015) with identical claim is considered and decided by this Court vide order dated 5.6.2017 whereby this Court directed the respondents to consider similar claim, in light of Resolution dated 29.6.2009. The said order dated 5.6.2017 reads thus:-
"This petition is filed by the employees of Padra Nagarpalika praying for the implementation of the pay recommended by Sixth Pay Commission with effect from 1.1.2006 instead of 1.1.2009, from which date the said pay scales are implemented for the employees of the said nagarpalika.
The learned counsel for the petitioners drew attention of this court to Resolution No. 3 dated 29.6.2009 passed by Padra Nagar Seva Sadan resolving to implement the pay scales recommended by the Pay Commission from 1.1.2006.
During the course of hearing, the learned counsel for the petitioners drew attention of this court to the representation made by the petitioners on this count to numerous authorities and submitted that the representation has not been decided so far and urged for the direction to the respondents to decide the same in accordance with law.
In view of the facts and circumstances, the prayer for a direction to the respondents to decide the representation made by the petitioners is required to be accepted and accordingly respondent No. 1, the Secretary, Urban Housing & Urban Development Department, is directed to decide the petitioners representation within eight weeks from the date of receipt of the writ of this court. Rule is made absolute accordingly.
It is clarified that this court has not gone into the merits of the case and it will be open for the petitioners to move this court by fresh petition in the event of their representation being decided against them. It will also be open for the petitioners to place on record of the Secretary, Urban Housing & Urban Development Department, any additional material in support of their case."
5. In light of said order, learned advocates would submit that present petition may be disposed of with similar directions.
Page 3 C/SCA/19293/2015 ORDER
6. In that view of the matter, following order is passed:-
[a] The respondents shall take-up the case and claim of the petitioners for benefit of pay revision w.e.f. 1.1.2006 in light of the recommendations of 6th Pay Commission.
[b] The respondents shall consider petitioners' claim that the said benefit should be granted to them w.e.f. 1.1.2006.
For the said purpose, the respondents shall take into account the resolution dated 29.6.2009 and any other subsequent resolutions by the panchayat and/or any other relevant and applicable resolution or circular or notification or even applicable policy decision by the State Government and take appropriate decision with regard to petitioners' claim (representations submitted by 21 employees, page-35 to 42 of present petition) in accordance with applicable Rules/Policy and pass appropriate reasoned and speaking order.
[c] The respondent authorities shall take necessary steps to pass appropriate order as expeditiously as possible and preferably within three months.
Page 4
C/SCA/19293/2015 ORDER
With aforesaid observations and
clarification, present petition is disposed of.
(K.M.THAKER, J) KAUSHIK D. CHAUHAN Page 5