Manishkumar Kantilal Patel vs State Of Gujarat
2021 Latest Caselaw 13317 Guj

      C/SCA/10945/2021                                       ORDER DATED: 02/09/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10945 of 2021
================================================================
                         MANISHKUMAR KANTILAL PATEL
                                    Versus
                              STATE OF GUJARAT
================================================================
Appearance:
MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1,10,2,3,4,5,6,7,8,9
MR ROHAN SHAH, AGP for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
================================================================
     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 02/09/2021
                       ORAL ORDER

1. In the present writ petition, the petitioners have prayed for the following reliefs:-

"7(B) Your Lordships may be pleased to issue appropriate writ, order or direction for quashing and setting aside the illegal, arbitrary, unjust, unfair and discriminatory action of the respondent authorities for not continuing the benefit of 15% NPPA to the petitioners after 2014 by fixing the pay as per the 6 th and 7th Pay Commission and further be pleased to hold the same action on the part of the respondent authorities as bad at law;

(C) Your Lordships may be pleased to issue appropriate writ, order or direction directing the respondent authorities to extend the benefit of 15% NPPA after 2014 to the petitioners after fixing the pay as per the 6th and 7th Pay Commission along with the interest @ 6% on the amount of arrears, in view of the law laid down by the Division Bench of the Hon'ble High Court of Gujarat in the judgment dated 19.07.2018 passed in Letter Patent Appeal No.907 of 2016 and other allied matters, which has been confirmed by the Hon'ble Supreme Court of India by the order dated 07.09.2020 passed in Special Leave Petition Diary No.17681 of 2020."

2. As the prayers would suggest, the petitioners are seeking benefits arising out of the judgment dated 19.07.2018 passed in Letters Patent Appeal No.907 of 2016 and other allied matters.

3. Learned advocate Mr.Gaurav Mehta appearing for the petitioners has submitted that the petitioners are identically situated to those employees, in whose favour the benefits are given. He has further

C/SCA/10945/2021 ORDER DATED: 02/09/2021

submitted that since the aforesaid judgment and orders were not complied the petitioners filed a contempt application being Misc. Civil Application No.440 of 2019 and the same was disposed of by the judgment dated 07.11.2020 by directing the respondent authorities to implement the orders in a phased manner. Thus, he has submitted that appropriate orders may be passed directing the respondent authorities to implement the aforesaid judgment and orders in the case of the present petitioners also.

4. Learned AGP Mr.Rohan Shah has submitted that the State Government is in process of identifying the employees, in favour of whom the benefits arising out of the orders passed by this Court are to be granted.

5. The petitioners were appointed as Livestock Inspector, Class-III on the basis of the vacancy, after undergoing recruitment process. The details of which are produced at Annexure-A of the writ petition. The petitioners are claiming the benefit of None Private Practice Allowance (NPPA) as per the Government Resolutions. It is their say that they are entitled to the benefit of 15% of the basic pay. It is not in dispute that this Court vide judgment and order dated 19.07.2018 passed in Letters Patent Appeal No.9071 of 2016, has extended the benefits of grant of 15% of NPPA to the Livestock Inspector, Animal and Husbandry Department. The petitioners are also serving as Livestock Inspector, Class-III, under the same-Department.

6. In light of the aforesaid disputed facts, the respondent authorities are directed to examine the claim of the present petitioners with regard to extension of benefit of 15% NPPA in light of the judgment and order dated 19.07.2018 passed in Letters Patent Appeal No.907 of 2016 and the judgment and order dated 07.11.2020 passed in contempt application being Misc. Civil Application No.440 of 2019 and allied matters. The State is directed to examine the case of the present petitioners and if it is

C/SCA/10945/2021 ORDER DATED: 02/09/2021

found that they are entitled to such benefit and are similarly situated to the other employees, who were granted such benefits by this Court, such benefits shall be extended to them as per the directions issued by the Division Bench in Misc. Civil Application No.440 of 2019 and allied matters. The entire exercise shall be carried out within a period of eight weeks.

7. With the aforesaid direction, the present petition stands disposed of.

(A. S. SUPEHIA, J) ABHISHEK