Gujarat High Court
Dhanjibhai Shivabhai Bhaliya vs Bhavnagar District Panchayat on 13 September, 2023
Bench: N.V.Anjaria
NEUTRAL CITATION
C/SCA/24855/2022 ORDER DATED: 13/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 24855 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 2855 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 6368 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 6793 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 6794 of 2023
==========================================================
DHANJIBHAI SHIVABHAI BHALIYA
Versus
BHAVNAGAR DISTRICT PANCHAYAT
==========================================================
Appearance:
MR. VISHAL P THAKKER(7079) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 13/09/2023
ORAL ORDER
In all these five Special Civil Applications, the facts are similar, the
issues are identical and the relief are common. In that view, they were
heard together to be treated for final disposal by this order.
1.1 In the facts of the case and having regard to the request and consent
of learned advocates appearing for the parties, the petitions were taken up
for final consideration.
1.2 Rule, returnable forthwith. Learned advocate Mr. Hemant
Munshaw waives service of Rule on behalf of all the respondents.
2. Heard learned advocate Mr. Vishal Thakker for the petitioners and
NEUTRAL CITATION
C/SCA/24855/2022 ORDER DATED: 13/09/2023
undefined
learned advocate for the respondents, in all the petitions.
3. The prayers are common in all the petitioners. Noticing the
prayers from the first captioned Special Civil Application No. 24855 of
2022, it is prayed to direct the respondent authorities to grant the benefits
of 7th Pay Commission with effect from 1.1.2016 as per the Government
Resolution dated 16.8.2016. The second prayer is to pay the amount of
leave encashment to the extent of 300 days. The third limb of prayer is
to grant the benefits contained in the State Government Resolution dated
17.10.1988 in the nature of Transport Allowance, Traveling Allowance,
Transfer Travelling Allowance, Leave Encashment and Leave Travel
Concession. It is fourthly prayed to declare the inaction on the part of the
respondents in not merging 50% of the Dearness Allowance in the basic
salary of the petitioners from 1.4.2004 to be bad in law, on the ground
that the same was granted in cases of other daily rated employees
working under the respondents by government Resolution dated
8.10.2007. It was prayed to treat the petitioners equally to pay the
arrears.
3.1 The petitioner of first Special Civil Application No. 24855 of 2022
- Dhanjibhai Shivabhai Bhaliya, who put forth his case inter alia that he
joined in the Veterinary Hospital at Jesar, District Bhavnagar with effect
from 1.8.1987 and that his service was continued. It was stated that since
he was terminated, he had to invoke jurisdiction of the Labour Court,
Bhavnagar. Reference (LCB) No. 255 of 1989 was allowed and the
petitioner was reinstated.
3.2 It was further stated that as per order dated 10.3.2016 passed in
Special Civil Application No. 15747 of 2015, this Court directed the
respondents to consider the case of the petitioner for giving benefit of
NEUTRAL CITATION
C/SCA/24855/2022 ORDER DATED: 13/09/2023
undefined
Resolution dated 17.10.1988, which were granted to him. It was
submitted that since the petitioner has rendered 35 years of service, he is
entitled of the benefits flowing from Resolution dated 17.10.1988
including pension from the initial date of joining in view of the decision
of the Division Bench of this Court in Executive Engineer, Panchayat
vs. Samudabhai Jyogibhai Bhedi [(2017) 4 GLR 2857].
3.3 In the second case, the petitioner joined service on 28.7.1982 in the
Veterinary Hospital and was subsequently extended by order dated
8.6.2015 the benefits of Resolution dated 17.10.1988. This petitioner
retired on 31.5.2016. He has prayed for grant of the same benefits.
3.4 In Special Civil Application No. 6368 of 2023, the petitioner is
Rameshchandra Prabhashankar Pathak, who joined service in December
1987 as daily wager. He was also granted the benefits of Resolution
dated 17.10.1988 as per order of this court in Special Civil Application
No. 14770 of 2004. The gratuity was paid to him after retirement. He
retired on 30.6.2019. The prayers made in this petition are for the very
benefits.
3.5 The fourth case is of Haribhai Dahyabhai Bambhaniya, who is
petitioner in Special Civil Application No. 6793 of 2023 and the fifth
Special Civil Application No. 6794 of 2023 is by Sanjubha Navalsinh
Gohel. Haribhai Dahyabhai Bambhaniya had been in service since 1980
as daily wager whereas, Sanjubha Navalsinh Gohel was also engaged in
1980 in the Primary Health Center under the respondent District
Panchayat. They were granted the benefits of Resolution dated
17.10.1988. Their grievance is the same and the prayers are identical.
4. In course of the hearing, learned advocate for the petitioners relied
NEUTRAL CITATION
C/SCA/24855/2022 ORDER DATED: 13/09/2023
undefined
on judgment and order of learned single Judge passed in common in
Vrajlal Kashirambhai Jani vs. Bhavnagar District Panchayat being
Special Civil Application No. 1964 of 2020 and allied petitions. The
petitioners therein were similarly situated, also the employees of the same
Bhavnagar District Panchayat-respondent herein, who had made similar
grievance to seek the relief of payment of benefits under 7 th Pay
Commission, benefits flowing from Resolution dated 17.10.1988 and
further praying for merger of 50% Dearness Allowance with basic salary.
The said prayers are allowed.
4.1 The Court in Vrajlal Kashirambhai Jani (supra), relied on
another decision of the co-ordinate Bench in Special Civil Application
No. 18120 of 2016, which was in group of matters and came to be
confirmed in Letters Patent Appeal No. 326 of 2018.
4.2 It was stated in course of hearing that by order dated 30.7.2022 of
the Panchayat and Rural Housing Department, the aforesaid order in
Vrajlal Kashirambhai Jani (supra) has been acted upon and complied
with by the respondents. Copy of the order dated 30.7.2022 was
produced.
4.3 Learned advocate for the respondents could not dispute the factum
that the decision in Special Civil Application No. 18120 of 2016,
confirmed in Letters Patent Appeal No. 326 of 2018 and followed in
Vrajlal Kashirambha Jani (supra) holds the field to be the law
applying in the case of the petitioners also.
5. In view of the above, the present petitioners deserve to be granted
the same relief as are granted in Vrajlal Kashirambhai Jani (supra).
NEUTRAL CITATION
C/SCA/24855/2022 ORDER DATED: 13/09/2023
undefined
6. As a result of the above discussion, all the petitions deserves to be
allowed in terms of order passed in Vrajlal Kashirambhai Jani
(supra).
6.1 Resultantly, the following directions are issued,
(i) The respondents are directed to pay to the petitioners the
benefits of 50% merger of Dearness Allowance with basic salary
with effect from 1.4.2004 and pay to the petitioners all
consequential benefits arising from such merger.
(ii) The petitioners shall be paid the arrears of salary as per the
revision of pay under the 7th Pay Commission as paid to the
similarly situated employees.
(iii) Leave Encashment benefit shall be paid as may be admissible
and payable in accordance with law and in accordance with
decision of the Supreme Court in SLP No. 1505 of 2022.
(iv) As far as applying the 7th Pay Commission Scales, the
petitioners are permitted to make representation to the respondent
Bhavnagar District Panchayat to extend the benefits of 7th Pay
Commission, which shall be decided in accordance with law.
(v) All the benefits which may flow from the above directions,
shall be paid to the petitioners within three months from the date of
service of this order.
NEUTRAL CITATION
C/SCA/24855/2022 ORDER DATED: 13/09/2023
undefined
7. All the petitions are allowed in the aforesaid terms.
Direct service is permitted.
(N.V.ANJARIA, J)
C.M. JOSHI
