Gujarat High Court
Bimal Ramniklal Jethva vs Regional Director Of Nagar Palika, ... on 5 December, 2019
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/9919/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9919 of 2016
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BIMAL RAMNIKLAL JETHVA & 1 other(s)
Versus
REGIONAL DIRECTOR OF NAGAR PALIKA, GUJARAT STATE & 2 other(s)
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Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Petitioner(s) No. 1,2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 3
GOVERNMENT PLEADER(1) for the Respondent(s) No. 3
NISHIT A BHALODI(9597) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 05/12/2019
ORAL ORDER
[1.0] Learned advocate Ms. Pahwa has invited the attention of this Court to the expenditure incurred by the Nagar Palika for the year 2014-2015. She has submitted that, while calculating the expenditure, the Nagar Palika is included the salaries of the back wages working on the fixed payment as well as the future expenses of 6th Pay Commission. She has submitted that the aforesaid inclusion of the salaries of the back wages is contrary to the decision of the Division Bench of this Court reported in (2011) 2 GLR 1223 in the case of S.A.Jafai v State of Gujarat.
[2.0] Learned advocate Ms. Pahwa has referred to the noting of the State Authority, which is at page No. 225, produced by the respondent No. 1 along with the affidavit and has submitted that the income of the impact fee is included in the same. She has further submitted that the total expenditure is shown as 51.30%, which is far then the limitation, as provided by the State Government. She has Page 1 of 2 Downloaded on : Fri Dec 06 23:04:36 IST 2019 C/SCA/9919/2016 ORDER submitted that such calculation is higher and against the decision of the Division Bench.
[3.0] Under the circumstances, the respondent Nagar Palika is hereby directed to substantiate their calculation of the year 2014- 2015 as per appendix-2 (page No. 102). The respondents are hereby directed to calculate the expenditure in terms of the decision of the Division Bench in case of S.A.Jafai (supra) by excluding the categories, which are directed by the Division Bench. The Division Bench has specifically held that the salaries of the daily wagers in sanctioned post/fixed wages are required to be ignored, while calculating the total expenditure of the Nagar Palika.
[4.0] It is surprising that in the total expenditure, the Nagar Palika has also included the future expenses of 6th Pay Commission, which would be impermissible. The Nagar Palika is hereby directed to produce fresh calculation of expenditure w.e.f. 2014-2015 on or before the next date of hearing. A responsible officer from the office of Nagar Palika shall also present before this Court on that day. Such expenditure shall also be supplied to the State Authority. The matter is kept on 13th December, 2019.
[5.0] Learned advocate for the respondents shall communicate the copy of the order of this Court to the concerned Nagar Palika forthwith for onwards compliance.
(A. S. SUPEHIA, J) VISHAL MISHRA Page 2 of 2 Downloaded on : Fri Dec 06 23:04:36 IST 2019