Kamlaben Reshmabhai Chaudhary vs State Of Gujarat on 1 August, 2018

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Gujarat High Court

Kamlaben Reshmabhai Chaudhary vs State Of Gujarat on 1 August, 2018

Bench: N.V.Anjaria

       C/SCA/13858/2016                             ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 13858 of 2016
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                 KAMLABEN RESHMABHAI CHAUDHARY
                             Versus
                        STATE OF GUJARAT
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Appearance:
MR AS ASTHAVADI(3698) for the PETITIONER(s) No. 1
MS DIVYANGNA JHALA,ASST.GOVERNMENT PLEADER for RESPONDENT No. 1
MR HS MUNSHAW(495) for the RESPONDENT(s) No. 3
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 1,2,4
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 CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

                          Date : 01/08/2018
                           ORAL ORDER

Heard learned advocate Mr.A.S.Asthavadi for the petitioner, learned Assistant Government Pleader Ms.Divyangna Jhala for respondent Nos.1 and 2 as well as learned advocate Mr.H.S.Munshaw for respondent Nos.3 and 4.

2. The petitioner, an Assistant Teacher under the District Panchayat, by filing this petition under Article 226 of the Constitution, prayed as under, "directing the respondents to immediately pay the arrears of higher grade pay scale along with interest @ 10% and arrears of difference in pension along with 10% interest as per the direction issued by this Hon'ble Court in Special Civil Application No.10142 of 2009 and other cognate matters and Special Civil Application No.8251 of 2015 confirmed by Division Bench in LPA No.1429 of 2015."

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3. The petition was contested by respondent No.3 -

District Primary Education Officer, Tapi District Panchayat, Vyara, by filing an affidavit in which the only ground mentioned was that the servicebook of the petitioner was in a bad condition, therefore, the delay occurred in taking necessary steps.

3.1 It was stated thus, "the petitioner herein was an employee of Tapi District Panchayat and belonged to a cadre of Asstt. Teacher and is to be granted certain monetary benefits in accordance with the rules and regulations. ....however, a delay is caused as her service book is in a dilapidated condition and it is not possible to take necessary actions and decisions relying upon the same."

4. It was further submitted that decision was taken to prepare a duplicate servicebook and that the same was sent to the Director of Primary Education along with letter dated 07.02.2018 which was received by the Director.

4.1 Thereafter, on 19.07.2018, one Maheshkumar I. Joshi, Incharge Director of Primary Education filed an affidavit stating inter alia that the duplicate servicebook is prepared and issued by order dated 18.07.2018 and the same is also sanctioned by the Education Department, State Government.

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4.2 Taking note of this aspect, on 22.03.2018, this Court passed the following order, "District Primary Education Officer, Tapi has filed an AffidavitinReply and has submitted that duplicate servicebook has been prepared and has been sent to Director of Primary Education, Gujarat State along with communication dated 07.02.2018 and the same is received on 08.02.2018.

Mr.H.S.Munshaw, learned counsel for respondent No.3 has submitted that on getting reply from Director of Primary Education, Gujarat State, further action can be taken by respondent authority.

In light of the aforesaid, as the petitioner has already attained the age of superannuation, Director of Primary Education, Gujarat State, to examine the issue, more particularly upon the issue of duplicate servicebook of the petitioner, which is sent by District Primary Education Officer within a period of two weeks from today and file a report before this Court on, or before the next date."

4.3 Noticing the aforesaid order dated 22.03.2018 and further noticing that much time had elapsed thereafter, this Court again on 11.07.2018 had observed as under, "2. Despite passage of almost four months, report, as directed in the order, has not been filed by the respondent.

3. On the conduct of the authority it looks clear that the authority - Director of Primary Education, Gujarat State - has taken this Court's order too lightly to be countenanced at all. Inaction on part of the Director of Primary Page 3 of 5 C/SCA/13858/2016 ORDER Education to submit report pursuant to the directives of the Court writs large and may take a shape of contemptuous conduct, if this state of affairs continues even hereinafter.

4. The petition is ordered to be posted on 19th July, 2018. The Director of Primary Education shall personally unless an affidavitinreply along with the aforesaid report is filed well before the next date and served upon the petitioner."

5. When the matter came up today, unfortunately no progress was reported. Now since the duplicate servicebook is already prepared and sanctioned by the competent department, no delay should be booked in considering the grievance of the petitioner for granting arrears of higher grade payscale.

5.1 The entitlement of the petitioner is not disputed by the respondents. Only ground putforth was that the servicebook was in dilapidated condition which ground does not survive now.

6. In the aforesaid view, all the respondents are directed to act in coordination so as to redress the grievance of the petitioner within eight weeks from the date of receipt of this order. The competent authority of the respondents shall pass necessary orders with regard to the claim of the petitioner.

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The prayers in this petition stand accordingly granted.

7. The petition stands disposed of in the aforesaid terms.

(N.V.ANJARIA, J) Gaurav+ Page 5 of 5

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