Gujarat High Court
Rakeshbhai Shambhubhai Patel & 56 vs State Of Gujarat & 2 on 28 November, 2017
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/21459/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 21459 of 2017
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RAKESHBHAI SHAMBHUBHAI PATEL & 56....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR JAYPRAKASH UMOT, ADVOCATE for the Petitioner(s) No. 1 - 57
MS MEGHA CHITALIYA, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 28/11/2017
ORAL ORDER
Heard learned advocate Mr.Jayprakash Umot for the petitioners and learned Assistant government Pleader Ms.Megha Chitaliya for respondent No.1.
2. By filling the present petition, the petitioners have prayed for a direction against the respondent authorities to pay to the petitioners the House Rent Allowance (HRA) @ 20% and Compensatory Local Allowance (CLA) as per basic salary of the petitioners from the date of their appointment as per the Resolution of 2009 accepting the norms of 6th Pay Commission.
3. Learned advocate for the petitioners submitted that the petitions involving similar facts and identical issue containing the similar prayer, came to be decided by common judgment dated 05th July, Page 1 of 6 HC-NIC Page 1 of 6 Created On Wed Nov 29 02:13:26 IST 2017 C/SCA/21459/2017 ORDER 2016 in Nitinkumar C. Patel v. State of Gujarat being Special Civil Application No.1791 of 2007 and other allied matters. Learned Assistant Government Pleader accepted the position that the present matter as well as those decided cases are similar and further that the said common judgment would apply to the case of the present petitioners also.
4. Relevant portions from the aforementioned common judgment in Nitinkumar C. Patel (supra) may be reproduced for ready reference, "31. The petitioners, in the present proceedings, are seeking directions for payment of the H.R.A. and C.L.A. as per the circular of the State Government. In this regard, the case of the State Government, according to the existing policy, is that the cities are classified under the urban agglomeration, by which, a government, employee would be entitled for the H.R.A. and C.L.A. In this regard, those cities not falling under the classified urban agglomeration would not get any benefit of the H.R.A. and C.L.A. It is submitted that the cities, which are not falling under the radius of the eight kilometers, would not be qualified in the urban agglomeration.
32. On behalf of the State Government, it is submitted that the cities are classified into the different categories and based on the classification of cities under the different categories, the payment of the H.R.A. and C.L.A. would be decided. Therefore is no provision in the policy of the State Government for making up and down and that the writ applicants are required to stay at the place of occupation.
33. On behalf of the State Government, it is submitted that a huge burden to the public exchequer would follow once the payments of H.R.A. and C.L.A. are increased. Even though the writ applicants have produced undertakings on record, it would be difficult for the respondents State to decide the entitlement of each of the Teachers as many have retired.
34. &..
35. In the course of the hearing of the matters, it was suggested on behalf of the State Government that Page 2 of 6 HC-NIC Page 2 of 6 Created On Wed Nov 29 02:13:26 IST 2017 C/SCA/21459/2017 ORDER the entire issue may be asked to be looked into by a High Power Committee that the State Government may constitute. All the learned counsel appearing for the writ applicants agreed to this and submitted that six or seven persons amongst the writ applicants shall appear before the committee for the purpose of submissions and they will also file written representation in this regard with the necessary materials. I am also of the opinion that the State Government will have to reconsider the entire issue a fresh, more particularly, in the wake of the recent developments, and for that purpose, the decision of the State Government, to constitute a High Power Committee, appears to be quite just and proper. I could have adjudicated the controversy on merits without referring the issue for being considered by a High Power Committee, but as the State Government itself wants to have a re-look or reconsider the issue in the wake of subsequent developments, then I should permit the State Government to adopt the course of action they have proposed.
36. It is understood that the State Government will constitute a committee consisting of the following member.
(i) Chief Secretary of the State.
(ii) Principal Secretary General Administration Department
(iii) Principal Secretary Education Department
(iv) Principal Secretary Finance.
(v) An Educationist familiar with the subject that the State may choose.
37. The list of representatives, who would be appearing before the committee, is as under:
Sr. Name of Representatives appearing No. before the Committee on behalf of the writ applicants 1 Narendra Gohel President, Ahmedabad District P.T.F. (Primary Teachers Federation) Bareja Primary School, Daskroi. 2 Ashvinbhai R Patel Teachers Representative Cluster Research Centre (CRC) Co-Page 3 of 6
HC-NIC Page 3 of 6 Created On Wed Nov 29 02:13:26 IST 2017 C/SCA/21459/2017 ORDER ordinator CRC Dhamatran Taluka, Daskroi.
3 Hareshbhai G. Patel Principal, Higher Secondary Sharda Shikshan Tirth High School, Paldi, Kankaj, Taluka Daskroi, Member of Principal Federation 4 Jagjivanbhai Patel Secretary, Ahmedabad District Primary Teachers Federation Garodiya Primary School, Sanand, Ahmedabad.
5 Karansinh Bihola Head Clerk, Shrimati Manekba Krushi Vidhyalaya, Adalaj, Dist: Gandhinagar 6 Jayendrabhai Bhatt Clerk, Sarvajanik Vidhyalaya, Kanbha, Taluka : Daskroi, Ahmedabad
38. In view of the above, I pass the following order:
(I) The State Government will constitute a committee, as noted above, at the earliest, and the committee shall make all possible endevours to see that an appropriate decision is taken within a period of six months from the date of the constitution of the committee.
(II) The representatives of the writ applicants shall appear before the committee and make their submissions.
(III) The committee shall hear those representatives on behalf of the writ applicants.
(IV) It shall be open for the representatives to file their written submissions with the necessary materials in that regard.
(V) The ad-interim relief, which is operating in favour of each of the writ applicants, shall continue till an appropriate decision is taken by the committee, and the report is filed before the State Government.
The ad-interim relief shall also continue thereafter i.e. after the report of the committee for a further period of two months.
(VI) The undertakings given earlier by the writ applicants shall continue to operate till the decision is taken by the committee.
Page 4 of 6HC-NIC Page 4 of 6 Created On Wed Nov 29 02:13:26 IST 2017 C/SCA/21459/2017 ORDER (VII) The committee shall give detailed reasons in support of its conclusion.
39. With the above observation and directions, all these writ applications are disposed of in the above terms. It is clarified that if ultimately the writ applicants are dissatisfied, in any manner, with the decision of the State Government, which may be taken, on the basis of the report of the committee, then it shall be open for the writ applicants to once again avail of an appropriate legal remedy before the appropriate forum in accordance with law. I clarify that I have otherwise not gone into the merit of the matter."
5. The petition being undisputedly similar, the observations and directions in paragraph Nos.36 to 38, as reproduced above, would govern the present petitioners case also.
6. Interim relief is granted in similar other petitions being Special Civil Application No.10617 of 2016 and others. Hence, the relief deserves to be granted to the present petitioners on the same lines directing the respondents to pay HRA and CLA at the rate claimed by paying the petitioners putting them to appropriate conditions.
7. Accordingly, it is directed that while the final rights of the petitioners shall be governed by the decision of the state government as directed in Nitinkumar C. Patel (supra), the petitioners shall be paid HRA at 20% and CLA as per basic salary of the petitioners as per the Resolution of 2009 of the State Government, subject to a condition that, the petitioners shall file an undertaking to the effect that if in the event they lose, they will refund the amount with 9% interest.
Page 5 of 6HC-NIC Page 5 of 6 Created On Wed Nov 29 02:13:26 IST 2017 C/SCA/21459/2017 ORDER
8. This petition stands disposed of in the above terms. If the petitioners feel dissatisfied ultimately after the decision of the State Government, it will be open for them to avail appropriate legal remedy in accordance with law.
9. It is clarified that this court has not gone into the merits of the case of the petitioners.
Direct service is permitted.
(N.V.ANJARIA, J.) Anup Page 6 of 6 HC-NIC Page 6 of 6 Created On Wed Nov 29 02:13:26 IST 2017