IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
GHELAJI DHULAJI THAKORE - Appellant
Versus
STATE OF GUJARAT - Respondent
SPECIAL CIVIL APPLICATION NO. 4921 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021 In SPECIAL CIVIL APPLICATION NO. 4921 of 2019 With SPECIAL CIVIL APPLICATION NO. 8641 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2021 In SPECIAL CIVIL APPLICATION NO. 8641 of 2019 With SPECIAL CIVIL APPLICATION NO. 9492 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021 In SPECIAL CIVIL APPLICATION NO. 9492 of 2019
Decided On : 26-11-2021
Constitution of India, 1950 - Article 226, 14 and 16 - Petitioners are working under Deputy Executive Engineer, Public Health Sub Division, Gujarat Water Supply & Sewerage Board as Daily-Wager and they have completed their five years of their respective service and have been granted fixed-pay - On completion of 10 years of their services, petitioners have been granted benefit of Government Resolution and have been extended benefits of fifth pay commission recommendation - Petitioners have been also granted benefit of 50% DA merger and arrears thereof - It is further case of petitioners is that they have not been granted the benefits of Sixth Pay Commission though they have been granted benefits of Fifth Pay Commission and they are entitled to get benefits of Sixth Pay Commission from date of its implementation in State of Gujarat - Hence, petitioners are constrained to file present petitions - Held, Respondent-Board is directed to extend five benefits viz. (i) Transport Allowance; (ii) Travelling Allowance; (iii) Transfer Travelling Allowance; (iv) Leave Encashment and (v) Leave Travel Concession and the benefit of 6th Pay Commission with effect and 50% merger of DA is required to be extended to petitioner which have been extended to similarly situated employees - Respondent-Board is directed to pass necessary orders extending such benefits within a period of six months from date of receipt of this order - Writ petitions allowed.
ORDER :
1. Since the issues raised in all the captioned writ petitions are more or less the same, they are heard analogously and being disposed of by this common order.
2. RULE. Learned advocates appear and waive service of notice of rule on behalf of the respective respondents.
3. Registry to accept the Vakalatnama of learned advocate Mr.Munshaw, as and when the same is filed in the petition being Special Civil Application No.9492 of 2019.
4. By way of the present petitions filed under Article 226 of the Constitution of India, the petitioners have sought directions against the respondent authorities to consider the case of the petitioners and to extend the benefits of sixth pay commission recommendation, seventh pay commission recommendation, and all other consequential benefits like Unavailed Privilege Leave, TA/DA, LTC, Transfer Allowance etc., 300 days Leave Encashment, 50% merger of DA from 01.04.2004.
5. The case of the petitioners are that the petitioners are working under the Deputy Executive Engineer, Public Health Sub Division, Gujarat Water Supply & Sewerage Board, Harij, District, Patan as Daily-Wager and they have completed their five years of their respective service and have been granted fixed-pay. On completion of 10 years of their services, the petitioners have been granted the benefit of Government Resolution dated 17.10.1988 and have been extended benefits of fifth pay commission recommendation. The petitioners have been also granted benefit of 50% DA merger and arrears thereof. It is further the case of the petitioners is that they have not been granted the benefits of Sixth Pay Commission though they have been granted the benefits of Fifth Pay Commission and they are entitled to get benefits of Sixth Pay Commission from the date of its implementation in the State of Gujarat i.e. 01.01.2006. Hence, the petitioners are constrained to file the present petitions.
6. Heard the learned advocates appearing for the respective parties.
7. At the outset, it is submitted that the issue is squarely covered by the judgment dated 27.08.2021 passed in Letters Patent Appeal No.1764 of 2019 and allied matters. Learned advocate for the petitioners has placed reliance on the judgment of the Coordinate Bench dated 01.09.2021 passed in Special Civil Application No.11921 of 2020 and allied matter also.
8. At the outset, Mr. Mishra has submitted that he is not pressing the claim of benefit of 7th Pay Commission as claimed in the petition being Special Civil Application No.8641 of 2019. Learned advocate for the petitioners has further submitted that the petitioners are claiming the benefits of Sixth Pay Commission from 01.01.2006, 300 days Leave Encashment and 50% merger of DA from 01.04.2004 and they are not pressing other benefits such Privilege Leave, TA/ DA, LTC and transfer allowance. In support of his submissions, he has also placed reliance on decision of this Court in the case of Madhugar Daulatgar Goswami Versus State of Gujarat, passed in Special Civil Application No.13345 of 2019 dated 22.11.2021 wherein the case of the petitioner is similarly situated with the petitioners of the present petitions and the said writ petition is allowed by this Court granting five benefits viz. (i) Transport Allowance; (ii) Travelling Allowance; (iii) Transfer Travelling Allowance; (iv) Leave Encashment and (v) Leave Travel Concession and the benefit of 6th Pay Commission with effect from 14.11.2014 and 50% merger of DA
9. It is submitted that so far as the 6th Pay Commission is concerned, this Court vide order dated 21.12.2017 passed in Special Civil Application No.18120 of 2016 had directed the respondent authority that the petitioner is entitled the benefit of 6th Pay Commission from 14.11.2014 and 50% merger of DA is required to be extended from 01.04.2004 and against the aforesaid order and judgment passed by the learned Single Judge on 21.12.2017, the respondent-Board preferred Letters Patent Appeal No.326 of 2018, whereby the Division Benc
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