Gujarat High Court
Bhupatbhai Bhayabhai Makwana vs State Of Gujarat on 4 August, 2021
Bench: A.J.Desai, A. P. Thaker
C/MCA/440/2020 ORDER DATED: 04/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 440 of 2020
In
R/SPECIAL CIVIL APPLICATION NO. 2258 of 2016
With
R/MISC. CIVIL APPLICATION NO. 427 of 2020
In
SPECIAL CIVIL APPLICATION NO. 10627 of 2013
With
R/MISC. CIVIL APPLICATION NO. 416 of 2020
In
SPECIAL CIVIL APPLICATION NO. 20706 of 2018
With
R/MISC. CIVIL APPLICATION NO. 419 of 2020
In
SPECIAL CIVIL APPLICATION NO. 20707 of 2018
With
R/MISC. CIVIL APPLICATION NO. 420 of 2020
In
SPECIAL CIVIL APPLICATION NO. 20793 of 2018
With
R/MISC. CIVIL APPLICATION NO. 417 of 2020
In
SPECIAL CIVIL APPLICATION NO. 20717 of 2018
With
R/MISC. CIVIL APPLICATION NO. 421 of 2020
In
SPECIAL CIVIL APPLICATION NO. 20716 of 2018
With
R/MISC. CIVIL APPLICATION NO. 415 of 2020
In
SPECIAL CIVIL APPLICATION NO. 20720 of 2018
With
R/MISC. CIVIL APPLICATION NO. 418 of 2020
In
SPECIAL CIVIL APPLICATION NO. 20719 of 2018
With
R/MISC. CIVIL APPLICATION NO. 438 of 2020
In
SPECIAL CIVIL APPLICATION NO. 7551 of 2011
With
R/MISC. CIVIL APPLICATION NO. 2458 of 2017
In
SPECIAL CIVIL APPLICATION NO. 7570 of 2016
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BHUPATBHAI BHAYABHAI MAKWANA
Versus
STATE OF GUJARAT
Page 1 of 3
Downloaded on : Sat Aug 07 11:49:58 IST 2021
C/MCA/440/2020 ORDER DATED: 04/08/2021
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Appearance:
MR BJ TRIVEDI(921) for the Applicant(s) No. 1
MR JT TRIVEDI(931) for the Applicant(s) No. 1
MS JIGNASA B TRIVEDI(3090) for the Applicant(s) No. 1
MS JYOTI BHATT, ASSTT. GOVERNMENT PLEADER(1) for the Opponent(s)
No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE DR. JUSTICE A. P. THAKER
Date : 04/08/2021
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
As per the order dated 22.12.2020 passed by the
coordinate Bench, Mr. M.K. Jadav, Secretary, Irrigation
Department, State of Gujarat was asked to verify the calculation
submitted by the learned advocate appearing for the applicants
and place on record the calculation as well as verification thereof
on oath in affidavit filed by himself. However, the affidavit has
been filed by another officer.
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
and modified vide order dated 29.11.2019 passed in Special Civil
Application No.20720/2018. Learned advocate for the applicants
further states that other similarly situated workmen are getting
salary as per the 7th 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/440/2020 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 dated 24.10.2019 passed by the
learned Single Judge as also the order dated 02.09.2020 passed
by the Division Bench.
Stand over to 02.09.2021.
(A.J. DESAI, J.)
(DR. A. P. THAKER, J.)
Ajay
