Petitioners sought writ relief to grant them 5th Pay Commission benefits allegedly excluded by a respondent authority, despite a compromise order.
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SCA/5812/2011
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JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 5812 of 2011
For Approval and Signature:
HONOURABLE MR.JUSTICE KS JHAVERI
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Whether Reporters of Local Papers may be allowed to see the judgment ?To be referred to the Reporter or not ?Whether their Lordships wish to see the fair copy of the judgment ?Whether this case involves a substantial question of law as to the interpretation of the 4 constitution of India, 1950 or any order made thereunder ?
Whether it is to be circulated to the civil judge?=========================================================
NANJIBHAI B VAGADIA & 31 - Petitioner(s)
Versus
STATE OF GUJARAT & 2 - Respondent(s)
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Appearance :
MRS NISHA M PARIKHfor Petitioner(s) : 1 - 32.
MR J K SHAH ASST GOVERNMENT PLEADER for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 3.
MR DG SHUKLA for Respondent(s) : 3,
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CORAM : HONOURABLE MR.JUSTICE KS JHAVERI
Date : 05/07/2012
ORAL JUDGMENT
1. By way of this petition, the petitioners have prayed for following reliefs:-
“(A)Your Lordships may be pleased to issue
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JUDGMENT
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appropriate writ of mandamus or any other
appropriate writ and direction and direct the
respondent authority to quashed and set aside the
official order dtd.29/7/2009 and also quash and set
a side the resolution no.2 passed on dtd 3-6-2009
and granted the benefits of the 5th Pay Commission as
per the compromise in the interest of justice.
(B)Your Lordship may be pleased to admit and
allow this petition.
(C)Your Lordship please to declare that the
petitioners are entitled to get the benefits of the
5th pay commission from dtd 27-10-2005 and also
direct the respondent authority to retirement
benefits as dtd 27-10-2005 (i.e. the date of the
first litigation) in the interest of justice.
(D)Your Lordship may be pleased to grant the cost
of this petition in the interest of justice.”
2. The brief facts leading to the filing of present petition are as follows:-
1. The respondent-Gujarat Ayurved Vikas
Mandal was established on 29.04.1965 and
is governed by the State of Gujarat. The
petitioners and 78 other employees were
working with the Junagadh Pharmacy and as
they were not getting the salary as per 5th
Pay Commission, they approached Gujarat
High Court Legal Aid Committee and their
case was placed before the Lok Adalat
(Vishama) and their grievance was
discussed and settled. As per the
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JUDGMENT
compromise order dated 24.07.2007, it was
decided to appoint the committee and
submit its report before the Board.
2. As the Committee has not decided the
question, regarding 5th Pay Commission, the
petitioners have again approached the Lok
Adalat (Vishama) and again the compromise
occurred between the parties and the
Committee has passed the resolution No.2
on 03.06.2009. The said resolution was
placed before the Lok Adalat and the
matter was disposed of on 18.06.2009.
3. As per the order dated 18.06.2009, the
petitioners and others have demanded 5th
Pay Commission and the respondent
authority has passed the Office Order on
29.07.2009 and granted the benefits to
only 58 persons out of 79 persons. The
persons who are retired on or before
01.06.2009 were not granted the benefits
of the 5th Pay Commission, even though as
per the compromise, they were entitled to
get the benefits of the 5th Pay Commission
and other retirement benefits.
4. Hence, this petition.
3. Learned advocate for the petitioners Mrs.Parikh has submitted that the 'Gujarat Ayurved Vikas Mandal' is governed under the observation of the
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JUDGMENT
State of Gujarat, even though, the employees were
not getting the benefits as per Government rules
and regulations. She has further submitted that
the action of the respondent-authority in giving
the benefits of the 5th Pay Commission only to 58
persons out of 79 persons, without any reasons,
though as per the compromise purses, they are
also entitled to get the benefits.
4. Learned advocate Mr.Shukla for the respondent
No.3 has raised the preliminary objections as to
the maintainability of the petition as the
respondent-Mandal is not receiving any grant for
salary or wages from the State of Gujarat and
therefore, respondent-Mandal is an autonomous
body. The affidavit-in-reply is filed on behalf
of respondent No.3. It is stated in the
affidavit-in-reply that though the respondent-
Mandal was not duty bound to pay the salary or
wages as per the recommendations of the 5th Pay
Commission, it had entered into the settlement
before Lok Adalat (Visama). The said settlement
was based upon the resolution No.2 passed by
respondent-Mandal, which was signed by the
employees as well as the President and according
to said resolution, the effect was to be given
from 01.07.2009. Therefore also, respondent-
Manadal is not liable to give 5th Pay Commission
benefits to the present petitioners.
5. In my view, when the respondent-Mandal has specifically mentioned in its affidavit-in-reply
SCA/5812/20115/5JUDGMENT
that he is not receiving any grant for the salary
or wages of the employees and as the
administrative or managerial activities are not
under the control of respondent no.3-Trust, a
writ would not lie against the respondent no.3-
Mandal.
6. In view of the above discussion, I find no merits in the present petition and hence, the petition is rejected.
[K.S.JHAVERI, J.]
..mitesh..
1 issue framed by the court
Whether a writ lies against the State Ayurved Vikas Mandal regarding denial of 5th Pay Commission benefits?
NANJIBHAI B VAGADIA & 31
STATE OF GUJARAT
STATE OF GUJARAT AYURVED VIKAS MANDAL
KS JHAVERI
As recorded by the court registry
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