Gujarat High Court
Parmar Shaileshkumar Ishwarlal vs State Of Gujarat on 13 September, 2022
Bench: Biren Vaishnav
C/SCA/20345/2019 JUDGMENT DATED: 13/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20345 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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PARMAR SHAILESHKUMAR ISHWARLAL
Versus
STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Petitioner(s) No. 1
MR PV PATADIYA(5924) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 4
MR SOAHAM JOSHI, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 13/09/2022
ORAL JUDGMENT
1. Rule returnable forthwith. Mr. Joshi, learned Assistant
Government Pleader waives service of notice of Rule
C/SCA/20345/2019 JUDGMENT DATED: 13/09/2022
for the respondent Nos.1 to 3 while Mr. Munshaw,
learned advocate waives service of notice of Rule for
the respondent No.4.
2. With the consent of the learned advocates for the
respective parties, the petition is taken up for final
hearing today.
3. This petition has been filed by the petitioner for the
following relief:
"(B) Allow this petition by issuing a writ of
mandamus or any other appropriate writ, order or
direction to the respondents to award the benefits
of 7th pay commission for house rent allowance
and medical allowance in connection with the GR
dated 16.08.2016 in the large interest of justice."
4. It is the case of the petitioner that he is entitled to the
benefits as per Resolution dated 16.08.2016.
5. Mr. Munshaw, learned counsel for the respondent has
C/SCA/20345/2019 JUDGMENT DATED: 13/09/2022
pointed out that the petitioner was taken up in regular
pay scale with effect from 11.6.2007. On completion of
five years of service as Vidhya Sahayak, by an order
dated 1.6.2009, the petitioner opted for upper primary
education section by way of submitting the option form
on 05.06.2012.
6. Paragraph No.5 of the affidavit indicates that the
petitioner has been granted the benefit of 7 th pay
commission, however, as far as medical allowance and
house rent allowance are concerned, it is the case of
the respondents that the petitioner has misread
Clause 7 of the Resolution which provides that all the
allowances would remain the same except Dearness
Allowance. The claim of the petitioner is that revision of
medical allowance and house rent allowance on the
basis of 7th pay commission is therefore without any
substance. The other ground is that the petitioner has
an alternative remedy under the Gujarat Education
C/SCA/20345/2019 JUDGMENT DATED: 13/09/2022
Services Tribunal. A rejoinder is filed by the learned
counsel for the petitioner.
7. Considering the reply filed by the respondent, no case
is made out for the prayers made out in this petition.
Hence, the petition is dismissed. Rule is discharged. No
costs.
(BIREN VAISHNAV, J)
VATSAL S. KOTECHA
