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2018 Supreme(Guj) 1034

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Harsha Devani, A.S. Supehia, JJ.
State of Gujarat - Appellant
Vs.
Gunvantrai Narmadashankar Vyas - Respondent
Letters Patent Appeal Nos. 907 of 2016; 1812 & 1816 of 2017; Special Civil Application Nos. 10953 of 2014; 13738, 14364, 17245, 17275 & 18114 of 2016
Decided On : 19-07-2018

Advocates:
Advocate Appeared:
Utkarsh Sharma, Shalin Mehta, Vidhi Bhatt, K.B. Pujara, Gaurav Mehta

Headnote:

Indian Veterinary Council Act, 1984, - Section 30 - Special Civil Application has been filed by, in all, 176 petitioners, who are serving as Livestock Inspectors under the Directorate of Animal Husbandry in the Agriculture and Cooperation Department of the Government, challenging the communication - Held, In the light of the above discussion - Impugned communication as well as the circular are hereby quashed and set aside - Respondents are hereby directed to give the benefit of 15% NPPA on revised pay under Sixth Pay Commission and Seventh Pay Commission - Payment of Non-Private Practicing Allowance to the petitioners shall be restored and their pay scale/pension shall be refixed and paid accordingly - Recovery of the amount towards NPPA is quashed and set aside, and any amount which is recovered from some of the petitioners shall be refunded - Entire exercise of refixing the pay/pension and payment of difference of such amount shall be carried out within a period of four weeks from the date of receipt of a copy of the judgment - Rule is made absolute accordingly in each of the petitions, with no order as to costs - Petition dismissed. (Para 30)

JUDGMENT :

Harsha Devani, J.

In Letters Patent Appeal No.907 of 2016, the judgment and order dated 28.3.2016 passed by the learned Single Judge in Special Civil Applications No.10953 of 2014, No.12238 of 2014, is subject matter of challenge, whereas the subject matter of challenge in Letters Patent Appeal No.1812 of 2017 is the judgment and order dated 15.11.2016 passed by the learned Single Judge in Special Civil Application No.14364 of 2016, and the subject matter of challenge in Letters Patent Appeal No.1816 of 2017 and is a separate judgment and order dated 15.11.2016 passed by the learned Single Judge in Special Civil Application No.13738 of 2016. In the judgments dated 15.11.2016, the learned Single Judge has followed the judgment and order dated 28.3.2016 passed by the learned Single Judge in Special Civil Applications No.10953 of 2014 and allied matters. In the writ petitions being Special Civil Applications No.17245 of 2016, No.17275 of 2016 and No.18114 of 2016, the petitioners claim similar reliefs based on the impugned judgment and order.

2. By an order dated 8.11.2009, all the above referred special civil applications were ordered to be listed for hearing together with Letters Patent Appeal No.907 of 2016 and allied matters as similar questions were involved in the appeals as well as the writ petitions and that is how, the letters patent appeals as well as the writ petitions came to be listed for hearing together and were, accordingly, heard together and are disposed of by this common judgment.

3. In Special Civil Application No.10953 of 2014 and other matters, which resulted in the impugned judgment and order dated 28.3.2016, the respondents original petitioners were Livestock Inspectors (Class-III) and Extension Officers, and prayed for the following reliefs:

"7(A) Your Lordships may be pleased to admit and allow this petition.

(B) Your Lordships may be pleased to issue appropriate writ, order or direction for quashing and setting aside the illegal, arbitrary, discriminatory action for not deciding/fixing/and releasing the amount of pension and other retirement benefits including 15% NPPA and Your Lordships may be pleased to hold the said action on the part of respondent authority is bad in law.

(C) Your Lordships further be pleased to direct the respondent authorities to decide/to fix and to release the final amount of pension and other retirement benefits as per the Sixth Pay Commission including 15% NPPA in favour of the petitioners. Further, Your Lordships may be pleased to direct the concerned authorities to publish appropriate resolutions with regard to extending benefit of 15% NPPA for which the petitioner are entitled.

(D) Such other and further relief/s which the Honourable Court may deem fit, just and proper be granted in the facts and circumstances of the present case and in the interest of justice;"

4. Similar reliefs were also prayed for by the writ petitioners in Special Civil Applications No.14364 of 2016 and No.13738 of 2016. By the impugned judgment and order dated 28.3.2016, the learned Single Judge has allowed the petitions and directed the respondents to fix the pension of the writ petitioners in accordance with the Sixth Pay Commission recommendations with 15% N.P.P.A. and ordered the same to be treated as a part of the pay scale. It was further ordered that such exercise be completed within a period of one month and the writ petitioners be paid the difference towards the arrears within a period of one month thereafter. It was also directed that the petitioners shall thereafter be paid regular monthly pension accordingly. Following the said judgment and order dated 28.3.2016, the learned Single Judge passed similar directions in Special Civil Applications No.14364 of 2016 and No.13738 of 2016. Being aggrieved, the State of Gujarat and Others are in appeal.

5. Special Civil Application No.17245 of 2016 has been filed by, in all, 176 petitioners, who are serving as Livestock Inspectors (earlier known a






































































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