Gujarat High Court
Jadav Ramjibhai Dahyabhai vs State Of Gujarat & 3 on 7 February, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/2121/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2121 of 2017
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JADAV RAMJIBHAI DAHYABHAI....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR MM TIRMIZI, ADVOCATE for the Petitioner(s) No. 1
Ms. Asmita Patel, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 07/02/2017
ORAL ORDER
1. The petitioner, herein, is retired teacher serving at different places within the Ahmedabad Municipal Limits extended to Ahmedabad Urban Development Authority. The petitioner is being paid House Rent Allowance (for short, HRA) at the rate of 10 per cent and proportionate Compensatory Local Allowance(CLA for short) in stead of 20 per cent. According to the petitioner, he is entitled to get 20 per cent HRA and proportionate CLA. The petitioner is aggrieved by the policy of the State Government of implementation of policy in in-discriminatory manner.He claims parity with other similarly situated persons in different districts. The petitioner has, therefore, approached this Court Page 1 of 8 HC-NIC Page 1 of 8 Created On Wed Feb 08 03:50:27 IST 2017 C/SCA/2121/2017 ORDER with the following prayers;
17. & (A) The Honble Court be pleased to issue writ or Mandamus or any other appropriate writ order or direction directing the respondent authorities to pay the HRA at 20% and CLA as per basic salary of the petitioner by holding that the petitioner is serving at a place covered under the Greater Ahmedabad Urban Agglomeration which includes the extended limit of Ahmedabad Urban Development Authority as per the definition of Urban Agglomeration in the interest of justice;
(B) Pending hearing and final disposal of the present petition the Honourable Court be pleased to direct the respondent authorities to pay HRA at 20% and CLA as per basic salary of the petitioner from their date of his appointment and and as per the resolution of 2009 of the Finance Department State of Gujarat (accepting the norms of the Sixth Pay Commission),with effect from 1.4.2009 in the interest of justice.
(c) Pending hearing and final disposal of the present petition, the Honble Court be pleased to direct the respondents to release the arrears, which is payable to the petitioner as per the recommendation Of the Sixth Pay Commission in the interest of justice.
(D) The Hon'ble Court be pleased to grant prayer in terms of Prayer (B) Page 2 of 8 HC-NIC Page 2 of 8 Created On Wed Feb 08 03:50:27 IST 2017 C/SCA/2121/2017 ORDER on such condition which the Honourable Court may deem fit in the interest of justice.
(E) Any other and further order that this Hon'ble Court may deem fit be passed in the interest of justice.
2. Learned Advocate, Mr.M.M.Tirmizi appearing for the petitioner has urged that the decision of this Court in Special Civil Application No. 1791 of 2007 in the case of NITINKUMAR C. PATEL VS. STATE OF GUJARAT and the allied matters dated 05.07.2016 shall be applicable in case of the present petitioner also. He has further, urged that the said judgment has been followed in other matters as well.
3. Having heard the learned Advocates for the parties and also having considered the decision of this Court in the case of NITINKUMAR C. PATEL VS. STATE OF GUJARAT (Supra), this petition, which is seeking the directions for payment of HRA and CLA, as per the government resolution dated 20.01.1998, deserves to be allowed along the line of the above mentioned decision of this Court. Profitable, here, it would be to reproduced Paragraphs-31 to 39, thereof;
31. The petitioner, 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 Page 3 of 8 HC-NIC Page 3 of 8 Created On Wed Feb 08 03:50:27 IST 2017 C/SCA/2121/2017 ORDER 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. Having heard the learned counsel Page 4 of 8 HC-NIC Page 4 of 8 Created On Wed Feb 08 03:50:27 IST 2017 C/SCA/2121/2017 ORDER appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the writ applicants are entitled to the reliefs prayed for in these writ applications.
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 course of action they have proposed.
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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:
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.Page 6 of 8
HC-NIC Page 6 of 8 Created On Wed Feb 08 03:50:27 IST 2017 C/SCA/2121/2017 ORDER (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.
(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.
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4. The petitioner, herein, is indisputably similarly situated persons, and therefore, he is also required to be granted the benefits, which are made available to the other similarly situated persons. The final rights of the petitioner shall be governed by the decision of this Court in NITINKUMAR C. PATEL VS. STATE OF GUJARAT (Supra). The petitioner shall be paid HRA at the rate of 20 per cent and CLA as per her BASIC salary, as per the government resolution of 2009. The petitioner shall also file an undertaking that, if, in any event, if he lose, he shall REFUND the entire amount with nine percent interest per annum.
5. This petition is DISPOSED OF in the above terms. The petitioner shall be at liberty to approach this Court in case of difficulty.
(MS SONIA GOKANI, J.) BINA Page 8 of 8 HC-NIC Page 8 of 8 Created On Wed Feb 08 03:50:27 IST 2017