Jalkubhai Madhiyabhai Patel vs. State Of Gujarat

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 18363 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 18365 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 18412 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 18747 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 19825 of 2021 ========================================================== JALKUBHAI MADHIYABHAI PATEL & 1 other(s) Versus STATE OF GUJARAT ========================================================== Appearance: MR HB SINGH(2073) for the Petitioner(s) No. 1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9

MS. SURBHI BHATI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1

NOTICE SERVED BY DS for the Respondent(s) No. 2,3 ==========================================================

CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

Date : 24/02/2022 ORAL ORDER

1 Rule returnable forthwith. Ms.Bhati, learned Assistant Government

Pleader waives service of rule on behalf of the State-respondent.

2 Heard Mr.H.B.Singh, learned counsel for the petitioners. By an

order dated 22.12.2021, the Court passed the following order:

"Heard learned advocate Shri H.B.Singh on behalf of the petitioners and learned Assistant Government Pleader on behalf of respondent no.1-State.

By way of these petitions, the petitioners inter alia seek to be granted benefit of the 7th pay Commission as given to the employees of the State Government. Having regard to the submissions made by learned Advocate Shri H.B.Singh for the petitioners, issue Notice to the respondents returnable on 24.01.2022. Learned AGP waives service of notice for the respondent No.1. Direct service for rest of the respondents is permitted."

3 The case of the petitioners is that they are entitled to the benefits of the 7th Pay Commission with effect from 01.01.2016 to 12.09.2017.

4 Mr.Singh, learned counsel for the petitioners, would rely on order dated 05.10.2021 passed by this Court in Special Civil Application No.12623 of 2021. Also on record are various communications addressed to the learned counsel for the petitioners by the State, by which it is pointed out that the issue is under consideration of the Finance Department.

5 Accordingly, since the aforesaid communication is not in dispute, the respondents are directed to take appropriate decision on extending the benefits of the 7th Pay Commission to the petitioners with effect from 01.01.2016 to 12.09.2017 within a period of eight weeks from the date of receipt of copy of the writ of this Court. The directions given by this Court in para 4 to 7 of the order dated 05.10.2021 passed in SCA No.12623 of 2021 shall govern the case of the petitioners. The petition is allowed, accordingly. Rule is made absolute to the aforesaid extent.

(BIREN VAISHNAV, J)