Himmatbhai Lakhabhai Rathod vs Maheshbhai Kacharabhai Parmar In ...
2021 Latest Caselaw 10616 Guj

    C/MCA/588/2020                             ORDER DATED: 04/08/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/MISC. CIVIL APPLICATION NO. 588 of 2020
                                    In
            R/SPECIAL CIVIL APPLICATION NO. 2685 of 2012
                                   With
              R/MISC. CIVIL APPLICATION NO. 592 of 2020
                                    In
            SPECIAL CIVIL APPLICATION NO. 13501 of 2012
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     DAHIBEN GOVINDBHAI CHAVDA WD/O GOVINDBHAI DESURBHAI
                                CHAVADA
                                  Versus
  MAHESHBHAI KACHARABHAI PARMAR, IN CHARGE DEPUTY EXECUTIVE
                ENGINEER OR HIS SUCCESSOR IN OFFICE
==========================================================
Appearance:
MR BJ TRIVEDI(921) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MR JT TRIVEDI(931) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MS JIGNASA B TRIVEDI(3090) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MS JYOTI BHATT, ASSTT. GOVERNMENT PLEADER(1) for the Opponent(s)
No. 1,2,3
==========================================================
  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
          and
          HONOURABLE DR. JUSTICE A. P. THAKER

                          Date : 04/08/2021

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

It is the case of the applicants that as per the order passed by the learned Single Judge, the respondents were directed to reinstate all the applicants in service with continuity of service. Learned advocate for the applicants further states that other similarly situated workmen are getting salary as per the 7 th Pay Commission.

The Secretary, Irrigation Department is hereby directed to look into the matter, calculate the difference of salary and verify whether similarly situated regular employees are getting the salary as per the Pay Commission including the 7th Pay

C/MCA/588/2020 ORDER DATED: 04/08/2021

Commission and if it is so then the same shall be calculated accordingly. The Secretary, Irrigation Department himself shall file an affidavit stating on oath as to in how much time the entire dues shall be cleared.

This Court is aware about filing of Special Leave Petition before the Hon'ble Apex Court at the instance of respondents way back in February, 2021, however there is no order staying the operation of the judgment passed by the learned Single Judge as also the order passed by the Division Bench confirming the judgment rendered by the learned Single Judge.

Stand over to 02.09.2021.

(A.J. DESAI, J.)

(DR. A. P. THAKER, J.)

Ajay