Chief Officer vs State Of Gujarat
2022 Latest Caselaw 7596 Guj

C/LPA/669/2022                            ORDER DATED: 06/09/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/LETTERS PATENT APPEAL NO. 669 of 2022
                              In
         R/SPECIAL CIVIL APPLICATION NO. 8985 of 2016
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                               In
          R/LETTERS PATENT APPEAL NO. 669 of 2022
                             With
          R/LETTERS PATENT APPEAL NO. 676 of 2022
                               In
          SPECIAL CIVIL APPLICATION NO. 9836 of 2014
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                               In
          R/LETTERS PATENT APPEAL NO. 676 of 2022
                               In
          SPECIAL CIVIL APPLICATION NO. 9836 of 2014
                             With
          R/LETTERS PATENT APPEAL NO. 678 of 2022
                               In
          SPECIAL CIVIL APPLICATION NO. 9020 of 2016
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                               In
          R/LETTERS PATENT APPEAL NO. 678 of 2022
                               In
          SPECIAL CIVIL APPLICATION NO. 9020 of 2016
                             With
          R/LETTERS PATENT APPEAL NO. 682 of 2022
                               In
          SPECIAL CIVIL APPLICATION NO. 9437 of 2014
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                               In
          R/LETTERS PATENT APPEAL NO. 682 of 2022
                               In
          SPECIAL CIVIL APPLICATION NO. 9437 of 2014
                             With
          R/LETTERS PATENT APPEAL NO. 683 of 2022
                               In
          SPECIAL CIVIL APPLICATION NO. 9438 of 2014
                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                               In



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       C/LPA/669/2022                                      ORDER DATED: 06/09/2022




                R/LETTERS PATENT APPEAL NO. 683 of 2022
                                    In
                SPECIAL CIVIL APPLICATION NO. 9438 of 2014
==========================================================
                               CHIEF OFFICER
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR TUSHAR L SHETH(3920) for the Appellant(s) No. 1
for the Respondent(s) No. 4
MR TIRTHRAJ PANDYA, AGP for the Respondent(s) No. 1,2,3
MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 4
==========================================================

  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
        and
        HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                               Date : 06/09/2022
                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. By way of present group of appeals under Clause 15 of the Letters Patent, the appellant - Chief Officer, Una Nagarpalika has challenged common oral judgment dated 23.09.2019, by which, learned Judge has issued following directions.

"11. In this view of the matter, the respondent - Nagarpalika as well as the Director of Municipalities are hereby directed to calculate the expenditure of the municipality as per the law enunciated by the Division Bench excluding the wages granted to the daily wagers or those employees, who are not working on sanctioned post and thereafter, they shall determining expenditure and accordingly, confer the benefit of 6th Pay Commission if the expenditure of Nagarpalika is below the prescribed limit of 45%.

C/LPA/669/2022 ORDER DATED: 06/09/2022

12. As regards the benefits of higher pay-scale is concerned, the respondent - Nagarpalika has not yet examined such claim of the present petitioner and it has not yet forwarded the proposal. The Nagarpalika shall examine the necessary facts in this regard and if it is found that the expenditure falls within the aforesaid parameter of 45% in case the benefit of the higher pay scale is granted to its employees or the petitioners, then it shall forward the proposal of higher pay-scale to the State Authorities. The State Authorities shall also consider the same and pass necessary orders in this regard.

13. The entire exercise of sending the proposal for higher pay scale as well as fixation of expenditure and grant of benefits of 6th Pay Commission shall be carried out within a period of three months from the date of receipt of the writ of this order. Necessary orders in terms of direction of this Court shall be passed."

2. During pendency of these appeals, the appellant - Nagarpalika has filed additional affidavit dated 22.08.2022 along with order dated 15.03.2022 passed by the Commissioner of Municipalities, State of Gujarat.

3. Mr. Tushar Sheth, learned advocate for the appellant, would submit that the exercise as ordered by learned Single Judge is already undertaken and appropriate order is passed, and therefore, present appeals do not survive. Accordingly, all the above referred appeals stand disposed of.

C/LPA/669/2022 ORDER DATED: 06/09/2022

In view of the above order passed in Letters Patent Appeals, all civil applications for stay do not survive. Accordingly, the same stand disposed of.

(A.J.DESAI, J)

(MAUNA M. BHATT,J) *F.S.KAZI.....