Gujarat High Court
Hareshkumar Nandlal Upadhyay vs District Development Officer on 13 July, 2022
Bench: Biren Vaishnav
C/SCA/20114/2019 JUDGMENT DATED: 13/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20114 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 20071 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BIREN VAISHNAV
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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 ?
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HARESHKUMAR NANDLAL UPADHYAY
Versus
DISTRICT DEVELOPMENT OFFICER
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Appearance:
MS. PRIYANKA THAKKAR, ADVOCATE FOR MR JV JAPEE(358) for the
Petitioner(s) No. 1
MR. KURVEN DESAI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 4
MR HS MUNSHAW(495) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 13/07/2022
ORAL JUDGMENT
1 Rule returnable forthwith. Mr.Kurven Desai,
C/SCA/20114/2019 JUDGMENT DATED: 13/07/2022
learned Assistant Government Pleader waives service
of rule on behalf of the respondent - State.
2 Heard Ms.Priyanka Thakkar, learned advocate
appearing for Mr.J.V.Japee, learned advocate for the
petitioner. Prayer in the petition is that a writ of
mandamus be issued directing the respondents to
grant the benefits of the 7th Pay Commission with all
consequential benefits and also other benefits.
3 Facts of Special Civil Application No. 20114 of
2019 would indicate that the petitioner was appointed
as a daily wager 'Peon' on 04.04.1988. He was
initially granted the benefits of the Resolution dated
17.10.1988 which was subsequently withdrawn. On a
petition being filed, the Court had directed the
respondents to take a decision for grant of benefits
under the Government Resolution of 17.10.1988
within a period of 12 weeks.
C/SCA/20114/2019 JUDGMENT DATED: 13/07/2022
3.1 By an order dated 15.04.2016, the respondents
extended the benefits of the resolution dated
17.10.1988. 5th Pay Commission benefits and the 6th
Pay Commission benefits were also granted.
Consequential benefits pursuant to the 7th Pay
Commission having come into force have not been
granted, hence the prayer.
4 Mr.H.S.Munshaw, learned counsel appearing for
respondent No.2 would invite the Court's attention to
the affidavit in reply. Para 5 of the affidavit which is
common in both petitions, reads as under:
"5. The Respondent No.2 submits that
accordingly District Development Officer,
Bhavnagar District Panchayat has sent a
proposal dated 18.06.2018 to the Principal
Secretary, Panchayats, Rural Housing and Rural
Development Department of the Government of
Gujarat and a copy of the proposal is annexed
herewith and marked as Annexure-C. It is
submitted that the said proposal is pending for
consideration and appropriate decision before
the higher authority."
C/SCA/20114/2019 JUDGMENT DATED: 13/07/2022
5 Accordingly, what is evident is that a proposal
has been sent to the State on 18.06.2018 for
extending the benefits of the 7th Pay Commission
which is pending consideration before the higher
authority.
6 The respondent - State is directed to take a
decision on the pending proposal as stated in the
affidavit-in-reply as quoted hereinabove, preferrably
within a period of 12 weeks from the date of receipt
of copy of this order. With the aforesaid observations,
both these petitions are disposed of.
However, with regard to the other benefits
regarding higher payscale and leave encashment etc.,
liberty is reserved in favour of the petitioner to take
appropriate proceedings. Rule is made absolute to the
aforesaid extent.
(BIREN VAISHNAV, J)
BIMAL
