Gujarat High Court
Dalsukh Bhagabhai Makwana vs State Of Gujarat on 1 February, 2022
Bench: A.S. Supehia
C/SCA/14599/2015 ORDER DATED: 01/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14599 of 2015
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DALSUKH BHAGABHAI MAKWANA & 5 other(s)
Versus
STATE OF GUJARAT & 3 other(s)
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Appearance:
DECEASED LITIGANT for the Petitioner(s) No. 1,6
MR RV DESHMUKH(300) for the Petitioner(s) No.
1.1,1.2,1.3,2,3,4,5,6.1,6.2,6.3
MR HARDIK MEHTA, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 4
MR PREMAL R JOSHI(1327) for the Respondent(s) No. 2
RULE SERVED BY DS for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 01/02/2022
ORAL ORDER
1. The only issue confined in this writ petition is with regard
to the payment of Dearness Allowance to the present
petitioners, who were employees of the respondent No.4-Vadia
Gram Panchayat.
2. Learned advocate Mr.R.V.Deshmukh, appearing for the
petitioners has placed reliance on Resolution dated 18.07.2016
issued by the State Government with regard to the payment of
Dearness Allowance to the employees of such administrative
bodies. He has submitted that accordingly, the petitioners are
paid the Dearness Allowance from January, 2021 at the rate of
376%, however the petitioners are entitled to, at the rate of
855% with effect from 01.07.2015 and from 01.01.2016, they
are entitled to 881%. Thus, he has submitted that the
respondent authorities are directed to implement the
provisions of the Resolution dated 18.07.2016 in the case of
the present petitioners, rests of the prayers are not pressed by
the learned advocate Mr.R.V.Deshmukh, appearing for the
petitioners. Learned advocate Mr.R.V.Deshmukh, on
C/SCA/14599/2015 ORDER DATED: 01/02/2022
instructions has further submitted that during the pendency of
this petition, the petitioner No.2 has retired from service and
the petitioner Nos.1 and 6 had passed away, therefore this
petitions are represented by the legal heirs of the petitioner
Nos.1 and 6. Accordingly, it is prayed that appropriate relief
may be granted in favour of the petitioner No.2 and the legal
heirs of the deceased petitioners.
3. In response to the aforesaid submissions, learned
advocate Mr.Munshaw, while placing reliance on the affidavit,
has submitted that the petitioners are not entitled to the
revision of pay-scale. He has further placed reliance on the
judgment of the Division Bench dated 25.07.2017 passed in
Letters Patent Appeal No.1251 of 2016. It is submitted that this
writ petition may not be entertained.
4. Learned advocate Mr.Joshi, appearing for the respondent
No.2 has forwarded the communication dated 28.01.2022,
specifying the pay of the petitioners, more particularly the
Dearness Allowance. The said communication dated
28.01.2022 is ordered to be taken on record.
5. I have heard the learned advocates for respective parties.
I have also perused the relevant documents.
6. Initially, a statement was made by the respondent No.4 -
Talati-cum-Mantri - Mr.M.B.Ramani, before this Court that the
petitioners are not being paid any Dearness Allowance and
they are being paid the fixed amount of Rs.9,000/-. Despite
warning given by this Court for making such statement, the
statement was asserted upon and specific statement was
C/SCA/14599/2015 ORDER DATED: 01/02/2022
recorded in this regard in the order dated 27.01.2022 by this
Court and it was clarified that if the statement is found to be
incorrect, an appropriate cost of Rs.50,000/- shall be imposed
upon the officer Mr.M.B.Ramani. After passing of such order,
the Talati-cum-Mantri - Mr.Ramani, has filed an affidavit dated
29.01.2022 tendering unconditional apology and has taken a
volte face that in fact, the fixed monthly pay of Rs.9,000/-,
including Dearness Allowance also. Thus, an incorrect
statement was made before this Court, which was recorded in
the order dated 27.01.2022.
7. Learned advocate Mr.Munshaw has further submitted
that a cost of Rs.50,000/- would be exorbitant and since there
was no ill-intention on the part of the Talati-cum-Mantri in
making such statement, the cost may reduced to Rs.5,000/-.
Accordingly, the cost of Rs.5,000/- imposes upon the Talati-
cum-Mantri - Mahesh Babubhai Ramani, which shall be
deposited before the Registry of this Court, within a period of
two weeks, for making a false and incorrect statement.
8. The issue raised in this petition is only confined with
regard to the Dearness Allowance, as per the rates specified in
the Resolution dated 18.07.2016 issued by the Finance
Department. The Finance Department has clarified as below.
"Monthly Rate of Dearness Allowance
Date of On Basic On Basic Pay On Basic Pay
Implementation Pay upto from Rs.3501/- more than
Rs.3500/- to Rs.6000/- Rs.6000/-
01/07/2015 855% 641% but not 556% but not
less than less than
Rs.29,925/- Rs.38,460/-
01/01/2016 881% 661% but not 573% but not
less than less than
Rs.30,835/- Rs.39,660/-
C/SCA/14599/2015 ORDER DATED: 01/02/2022
1)The employees, to whom the Gujarat Civil
Services (Revision of Pay) Rules, 1998
and 2009 are applicable, but they are
given an option to continue in the pay
scale under the Gujarat Civil Services
(Revision of Pay) Rules, 1987, will be
entitled for the dearness allowance as
per Para No.3 of the resolution dated
20/01/1998 of the Finance Department
referred at Sr. No.1 above.
2)The employees, who are recruited through
recognized recruitment process and as per
rules and regulations of the Local
Government Bodies, shall only be entitled
for this benefit.
3)So far as the Nagar Palikas are
concerned, this benefit shall be
admissible subject to the control on
administrative expenses implemented vide
dated 03/09/2010 and 16/09/2010 of the
Urban Development and Urban Housing
Department.
4)The amount of difference admissible
pursuant to these orders shall have to be
paid in cash."
9. A perusal of the aforesaid fixation of rate with regard to
Dearness Allowance reveals that the employees of the
institutes, as referred in the Resolution, who have a basic pay
below of Rs.3,500/- are entitled to Dearness Allowance as per
855% rate with effect from 01.07.2015 and the rate of 881%
with effect from 01.01.2016. The communication which is
forwarded by the District Development Officer today dated
28.01.2022 reveals that the petitioners are being paid the
Dearness Allowance at the rate of 376%. It is not clarified that
on what premises such Dearness Allowance is fixed.
10. Learned advocate Mr.Munshaw, has placed reliance on
the judgment of the Division Bench dated 25.07.2017 passed
C/SCA/14599/2015 ORDER DATED: 01/02/2022
in Letters Patent Appeal No.1251 of 2016 and the affidavit filed
by him. A bear perusal of the affidavit as well as the judgment
of the Division Bench would reveal that the same does not in
any manner deal with the fixation of the Dearness Allowance
but deals with the fixation of 6th Pay Commission. Thus, the
issue with regard to the Dearness Allowance is totally
remained not address and it is not clarified that on what
premises Dearness Allowance at the rate of 376% is being paid
to the petitioners.
11. Learned advocates appearing for the respective parties
are ad idem that Resolution dated 18.07.2016 is applicable to
the respondent No.4 - Gram Panchayat.
12. Under the circumstances, the respondent No.4 is directed
to pay the Dearness Allowance, as specified in the Government
Resolution dated 18.07.2016 from the respective dates i.e. at
the rate of 855% from 01.07.2015 and the rate of 881% from
01.01.2016. The arrears shall accordingly be paid within a
period of six months. The differences of Dearness Allowance
with effect from 01.01.2021 shall also be paid to the
petitioners. It is directed that henceforth the respondent No.4
shall pay the Dearness Allowance as per the rate specified in
the Government Resolution dated 18.07.2016.
13. In view of the foregoing reasons and analysis, this writ
petition is partly allowed. Rule is made absolute to the
aforesaid extent.
(A. S. SUPEHIA, J)
MAHESH BHATI/02
