Gujarat High Court
Khanabhai Bhavanbhai Rathod vs State Of Gujarat & 5 on 22 August, 2016
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/12140/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12140 of 2016
[On note for speaking to minutes of order dated 20/07/2016 in
C/SCA/12140/2016 ]
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KHANABHAI BHAVANBHAI RATHOD....Petitioner(s)
Versus
STATE OF GUJARAT & 5....Respondent(s)
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Appearance:
MR SANDIP M PATEL, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 22/08/2016
ORAL ORDER
Considered the Note for 'Speaking to Minutes' and heard learned advocate Mr. Sandip Patel for the petitioner.
2. The interim relief granted in all other similar petitions are required to be granted, which is omitted by an error of transcription.
3. Therefore, the following two paragraphs shall be added as paragraph Nos. 4.1 and 4.2 in the order dated 20.07.2016 disposing of the captioned petition.
"4.1 Interim relief is granted in similar other petitions being Special Civil Application No. 10617 Page 1 of 2 HC-NIC Page 1 of 7 Created On Thu Aug 25 04:16:14 IST 2016 1 of 7 C/SCA/12140/2016 ORDER 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."
"4.2 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."
4. The order shall stand corrected and read with addition of the aforesaid two paragraphs.
5. Note for 'Speaking to Minutes' is allowed and disposed of accordingly.
(N.V.ANJARIA, J.) cmjoshi Page 2 of 2 HC-NIC Page 2 of 7 Created On Thu Aug 25 04:16:14 IST 2016 2 of 7 C/SCA/12140/2016 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 12140 of 2016 ========================================================== KHANABHAI BHAVANBHAI RATHOD....Petitioner(s) Versus STATE OF GUJARAT & 5....Respondent(s) ========================================================== Appearance:
MR SANDIP M PATEL, ADVOCATE for the Petitioner(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 20/07/2016 ORAL ORDER Heard learned advocate Mr. Sandip Patel for the petitioner and learned Assistant Government Pleader Mr. Bhargav Pandya for the respondent authorities.
2. By filling this petition, the petitioner has prayed as under, "Direct the respondent authorities to make payment of HRA to the Petitioner at the rate of 20% and CLA as per the basic salary of the Petitioner from the date of their appointment and further be pleased to direct the respondent authorities to make payment of arrears to the petitioner and further be pleased to hold that the Petitioner are working at a place covered under the Ahmedabad Urban Agglomeration, which includes the extended Ahmedabad Municipal Corporation Limit."
3. Learned advocate for the petitioner submitted that the petitions involving similar facts and identical issue containing the similar prayer came to be decided by common judgment dated 05.07.2016 in Nitinkumar C. Patel vs. State of Gujarat being Special Civil Page 1 of 5 HC-NIC Page 3 of 7 Created On Thu Aug 25 04:16:14 IST 2016
3 of 7 C/SCA/12140/2016 ORDER 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 petitioner also.
3.1 Relevant portions from the aforementioned common judgment in Nitinkumar (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 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 relook or reconsider the issue in the wake of subsequent developments, then I should permit the State Government to adopt the Page 2 of 5 HC-NIC Page 4 of 7 Created On Thu Aug 25 04:16:14 IST 2016 4 of 7 C/SCA/12140/2016 ORDER course of action they have proposed.
36 It is understood that the State Government will constitute a committee consisting of the following members:
(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 before No 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) Coordinator 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 Page 3 of 5 HC-NIC Page 5 of 7 Created On Thu Aug 25 04:16:14 IST 2016 5 of 7 C/SCA/12140/2016 ORDER 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 adinterim 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 adinterim 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.
VII.The committee shall give detailed reasons in support of its conclusion.
Page 4 of 5HC-NIC Page 6 of 7 Created On Thu Aug 25 04:16:14 IST 2016 6 of 7 C/SCA/12140/2016 ORDER 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.
4. The petition being undisputedly similar, the observations and directions in paragraph No. 36 to 38, as reproduced above, would govern the present case also.
5. This petition stands disposed of in the above terms. If the petitioner feels dissatisfied ultimately after the decision of the State Government, it will be open for him to avail appropriate legal remedy in accordance with law.
6. It is clarified that this court has not gone into the merits of the case of the petitioner.
7. Disposed of in the terms aforesaid.
(N.V.ANJARIA, J.) cmjoshi Page 5 of 5 HC-NIC Page 7 of 7 Created On Thu Aug 25 04:16:14 IST 2016 7 of 7