Back
2016 Supreme(Guj) 1855
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B PARDIWALA, J.
J.R Dave - Petitioners
Vs.
State of Gujarat & Ors. - Respondents
Special Civil Application No. 806 of 2007
Decided On : 06-09-2016
For the Petitioners: Mr. Hasit H. Joshi
For the Respondents: Mr. Kartik Parikh, Mr. HS Munshaw
The main legal point established in the judgment is the legal discretion of the Corporation in deciding whether to implement Tiku Pay Commission recommendations and the absence of discrimination in the current pay scales for Medical Officers.
Headnote:
Tiku Pay Commission - Medical Officer's Pay Dispute - [Tiku Pay Commission Recommendations] - The court discussed the Tiku Pay Commission recommendations and their applicability to the Medical Officers serving under the Jamnagar Municipal Corporation. The Corporation's decision not to implement the recommendations and the legal discretion of the Corporation in fixing pay scales were key points in the court's analysis and decision.
Fact of the Case:
The writ-applicant, a Medical Officer with the Jamnagar Municipal Corporation, sought the implementation of Tiku Pay Commission recommendations for higher pay-scale benefits. The Corporation had not implemented the recommendations, leading to the dispute.
Finding of the Court:
The court found that the Corporation had the legal discretion to decide on the implementation of Tiku Pay Commission recommendations and that there was no discrimination in the current pay scales for Medical Officers.
Issues: The main issue was whether the writ-applicant was entitled to the benefits of the Tiku Pay Commission recommendations and whether the Corporation was obligated to implement them.
Ratio Decidendi: The court held that the Corporation had the discretion to decide on the adoption of Tiku Pay Commission recommendations and that there was no discrimination in the current pay scales for Medical Officers.
Final Decision: The court rejected the writ-application, stating that it was difficult to issue a mandamus to the Corporation to implement the Tiku Pay Commission recommendations.
J.B PARDIWALA, J.
By this writ-application under Article 226 of the Constitution of India, the writ-applicant serving as a Medical Officer, Class-II (Ayurvedic) with the Jamnagar Municipal Corporation has prayed for the following reliefs:-
12(A) Admit this petition and quash and set aside order dated 27.10.2005 of Respondent Corporation as well as the order of Director of Municipalities at Annexure-I and direct the respondent to implement the recommendation of Tiku Commission with effect from the date on which it was implemented by State Government and be further pleased to direct respondent to give all consequential monitory benefits to the petitioner with interest thereon at the rate of 12% p.a from the date of entitlement of the petitioner.
(B) Pending admission, hearing and final disposal of this petition, to grant interim relief in terms of para (A) above in the larger interest of justice.
(C) Grant such other and further reliefs deemed just and proper in the interest of justice.
2. It appears from the materials on record that the writ-applicant joined the services of the respondent-Corporation in the year 1980. He is serving in one of the Health Centers run and managed by the Corporation. It is his grievance that he is not being given the benefits of the recommendations made by the Tiku Pay Commission. It is his case that he is eligible and entitled to get the benefits of the higher pay-scale on completion of the prescribed period of service, according to the various Government Resolutions, Circulars and Notifications. It is also his case that he is eligible and entitled to get the benefits of the higher pay-scale at par with the one extended to the similar situated Medical Officer serving as a Insurance Medical Officer under the Employees State Insurance Scheme.
3. The Tiku Committee was constituted with a view to providing the best of the incentives to the doctors working under the Central Government and necessary modification in the cadre including time bound promotion system for the doctors. It appears that the writ-applicant first came before this Court by filing the Special Civil Application No. 8809 of 2004 which came to be disposed of by a learned Single Judge vide order dated 09/03/2005. The order reads as under:-
In this petition, the petitioners who are employed as Medical Officers by the Jamnagar Municipal Corporation have made a grievance regarding not being granted the benefits of Tiku Commission recommendations with effect from 14.11.99 It is the case of the petitioners that the Government had set up Tiku Commission for making recommendations for granting proper pay and higher scale in favour of the medical officers. It is the case of the petitioners that though Rajkot Municipal Corporation has accepted and implemented the recommendations made by the Tiku Commission in favour of the medical officers employed by the Rajkot Municipal Corporation, Jamnagar Municipal Corporation has so far not implemented the same.
2. In the affidavit in reply, it is stated by the Corporation that the Corporation has not decided to give the benefits of Tiku Commission recommendations to its employees. There is no dispute about the fact that Jamnagar Municipal Corporation has not yet taken a formal decision to implement the recommendations of the Tiku Commission in favour of its employees. Direction to give benefits of such recommendations to the petitioners, therefore, cannot be granted.
3. The petitioners, however, point out that the Standing Committee had passed a resolution on 20th November, 1999 recommending the implementation of the Tiku Commission recommendations. It is stated that after the said resolution was passed, no formal decision has been taken by the Corporation either to implement or not to implement the recommendations. Therefore, while disposing of this petition, the Jamnagar Municipal Corporation is directed to take a decision with respect to the question of grant of benefits of Tiku Commission recommendati
