Gujarat High Court
Patel Nandlal Girdharbhai & 2 vs State Of Gujarat & 3 on 29 March, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/CA/2727/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR ORDERS) NO. 2727 of 2016
In SPECIAL CIVIL APPLICATION NO. 655 of 2014
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PATEL NANDLAL GIRDHARBHAI & 2....Applicant(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR HARDIK H DAVE, ADVOCATE for the Applicant(s) No. 1 - 3
MR UTKARSH SHARMA, AGP - ADVANCE COPY SERVED TO GP/PP for the
Respondent(s) No. 1 , 3
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 29/03/2016
ORAL ORDER
By this Civil Application the applicants - original petitioners have prayed for the following reliefs:-
A) To modify the order dated 5.9.2014, passed by this Court in the captioned petition to the effect that pending admission hearing and final disposal of the captioned petition, the concerned opponent may be directed to pay HRA at the rate of 20 per cent per annum and CLA as per the basic salary of the applicants along with arrears of the HRA and CLA from the date on which the HRA and CLA was discontinued;
B) An ad-interim relief may be granted in terms of para (A) the prayer clause;
In the main matter, the following order was passed on 5th September, 2014.
Leave to amend the cause-title of the petition is granted. The necessary amendment be carried out, forthwith.
Page 1 of 3HC-NIC Page 1 of 3 Created On Thu Mar 31 00:49:04 IST 2016 C/CA/2727/2016 ORDER Heard Mr.Hardik H. Dave, learned advocate for the petitioners and Mr.D.M.Devnani, learned Assistant Government Pleader for respondents Nos.1 to 3.
Issue Rule. To be heard with Special Civil Application No.1791 of 2007.
In view of the order relied upon by the petitioners as well as the respondents, passed in Special Civil Application No.1791 of 2007, ad- interim relief in terms of Paragraph 18(d) is granted, on condition that the petitioners shall file undertakings before this Court, with a copy to the School Management and the concerned District Education officer, to the effect that in case they are not successful in this petition, they shall refund the amount of HRA and CLA, which shall be paid as per this interim order, with 9% interest to the respondent-authorities.
Direct Service of this order is permitted.
It appears that ad-interim relief in terms of paragraph 18(d) came to be granted. Paragraph 18(d) after the amendment reads as under:-
"(d) Pending hearing and final disposal of the present petition, the respondents be directed to pay HRA of 20 per cent and CLA as per basic salary of the petitioner qua Government Resolution issued by the 27th February, 2009, in the interest of justice and also grant arrears of the HRA and CLA to the present petitioners from the date on which the HRA and CLA was discontinued;
Prayer 18(d) prior to the amendment allowed by order dated 15.2.2016 passed in the CA No. 669 of 2016 reads as under:-
(d) Pending hearing and final disposal of the present petition, the respondents be directed to pay HRA @ 15% and CLA as per the basic salary of the petitioners in the interest of justice:
It is the case of the applicants that they were not aware of the Government Resolution dated 27.2.2009, which had fixed the HRA at the rate of 20%.
In such circumstances, the relief earlier granted is modified to the extent that Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Mar 31 00:49:04 IST 2016 C/CA/2727/2016 ORDER the HRA shall be at the rate of 20 per cent.
With the above, this Civil Application is disposed of. Direct service permitted.
(J.B.PARDIWALA, J.) Mohandas Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Mar 31 00:49:04 IST 2016