IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
JAYANTIBHAI BALDEVBHAI DAVE - Appellant
Versus
STATE OF GUJARAT - Respondent
SPECIAL CIVIL APPLICATION NO. 12066 of 2019 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
Decided On : 17-12-2021
Constitution of India, 1950 - Writ petition - Matters relating to Leave Encashment - Petitioner is praying for a direction directing respondent to extend benefit of 6th Pay Commission, 7th Pay Commission, 300 days Leave Encashment and 50% merger of DA – Held, inaction on part of respondent authorities in not extending benefits of 6th Pay Commission to petitioners; in not merging 50% Dearness Allowance in basic salary with effect from 01st April, 2004 and in not granting benefits of allowances as part of permanency benefits though benefit of permanency is granted to petitioners under Resolution, as violative of petitioners' rights under Article 14 read with Article 16 of Constitution - This discrimination has to be finally smothered by granting relief - Respondent-Board is directed to extend five benefits (i) Transport Allowance; (ii) Travelling Allowance; (iii) Transfer Travelling Allowance; (iv) Leave Encashment and (v) Leave Travel Concession and benefit of 6th Pay Commission and 50% merger of DA is required to be extended to petitioners which have been extended to similarly situated employees - Petition allowed.
ORDER :
1. With the consent of the learned advocates appearing for the respective parties, the main matter is taken up for hearing.
2. At the outset, learned advocate Mr.Mukesh Mishra appearing for the petitioners has submitted he is not pressing the prayer for claiming benefits under 7th Pay Commission and liberty may be given to make a representation for the same.
3. Rule. Learned AGP waives service of notice of rule for the respondent-State.
4. At the outset, learned advocates appearing for the respective parties are ad idem 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.
5. Learned advocate for the petitioner 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.
6. In the present writ petition, the petitioner has inter alia prayed for the following relief:-
7. Thus, the petitioner is praying for a direction directing the respondent to extend the benefit of 6th Pay Commission, 7th Pay Commission, 300 days Leave Encashment and 50% merger of DA. However, he is not pressing the prayer for seeking 7th Pay Commission benefit.
8. 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 to 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 Bench of this Court has passed the order on 11.02.2019 as per the said order, the direction of paragraph Nos.11(i) and 11(iii) are accepted and subsequently the said benefit is extended to the similarly situated employees working with the respondent-Board and thereafter, the said appeal was heard by the Division Bench of this Court and passed the final order on 27.08.2021 and as per the said orders, the Division Bench has directed to extend five other benefits i.e. Transport Allowance, Transport Travelling Allowance, Leave Encashment, and Leave Travel Concession.
9. It is submitted that after the order passed by the Division Bench of this Court on 27.08.2021, another Coordinate Bench of this Court passed the orders on 01.09.2021 in Special civil Application Nos.11921 of 2020 and 10845 of 2021, the said orders considered the Division Bench’s order and directed to extend the five other benefits like Transport Allowance, Transport, Leave Encashment, and Leave Travel Concession and therefore, the present petitions are required to be allowed.
10. I have heard the learned advocates appearing for the respective parties. I have also perused the various judgments of this Court relied upon by the learned advocate appearing for the petitioner.
11. The Coordinate Bench of this Court by the judgment dated 21.12.2017 passed in Special Civil Application No.18120 of 2016 has observed thus:-
(i) Respondents are directed to grant the petitioners the benefit of 6th Pay Commission on the lines as is granted to the similarly situated petitioners in Anand Bhausaheb Pawar (supra) as per judgment dated 18th October, 2016 read with the modified directions issued
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