Anand Bhausaheb Pawar vs Gujarat Water Supply & Sewerage ...
2022 Latest Caselaw 1057 Guj

    C/SCA/12344/2016                                  JUDGMENT DATED: 01/02/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 12344 of 2016


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

==========================================================

1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

==========================================================
              ANAND BHAUSAHEB PAWAR & 23 other(s)
                            Versus
       GUJARAT WATER SUPPLY & SEWERAGE BOARD & 2 other(s)
==========================================================
Appearance:
MR TR MISHRA(483) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,3,4,5,6,7,8,9
MR HS MUNSHAW(495) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
==========================================================

    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 01/02/2022

                            ORAL JUDGMENT

1 Mr.M.T.Mishra, learned counsel appearing for

Mr.T.R.Mishra, states that as far as the relief in case of 6 th Pay

Commission is concerned, the same is satisfied, therefore, the

C/SCA/12344/2016 JUDGMENT DATED: 01/02/2022

petition is not pressed as far as 7(A) is concerned.

2 As far as the benefit of prayer 7(B) is concerned, though

the benefit is claimed in accordance with the Judgment of this

Court dated 06.08.2015 in SCA No. 12527 of 2013 an LPA filed

against this decision being LPA No. 380 of 2016 decided by

Division Bench of this Court (Coram : Hon'ble Mr.Justice

M.R.Shah & B.N.Karia,JJ) on 29.06.2019, the appeal of the State

Government was allowed. Persons similarly situated to the

petitioners have approached the Hon'ble Supreme Court by

filing a Civil Appeal against the order of the Division Bench.

The petition, is therefore, disposed of at this stage as the issue

is concluded by the Division Bench of this Court rendered in

Letters Patent Appeal No. 380 of 2016.

3 This petition is disposed of, subject to the outcome of the

pending proceedings before the Hon'ble Supreme Court.

However, liberty is reserved in favour of the petitioners to

revive this petition in case the appellant before the Supreme

Court succeed. Petition is accordingly disposed of with the

liberty to revive this petition in case appellants before the

Hon'ble Supreme Court who are similarly situated as the

petitioner succeed.

(BIREN VAISHNAV, J) Bimal