IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 981 of 2022 In R/LETTERS PATENT APPEAL NO. 751 of 2022 With R/MISC. CIVIL APPLICATION NO. 982 of 2022 In LETTERS PATENT APPEAL NO. 763 of 2022 With R/MISC. CIVIL APPLICATION NO. 983 of 2022 In LETTERS PATENT APPEAL NO. 764 of 2022 With R/MISC. CIVIL APPLICATION NO. 984 of 2022 In LETTERS PATENT APPEAL NO. 757 of 2022 With R/MISC. CIVIL APPLICATION NO. 985 of 2022 In LETTERS PATENT APPEAL NO. 753 of 2022 With R/MISC. CIVIL APPLICATION NO. 986 of 2022 In LETTERS PATENT APPEAL NO. 760 of 2022 With R/MISC. CIVIL APPLICATION NO. 987 of 2022 In LETTERS PATENT APPEAL NO. 758 of 2022 With R/MISC. CIVIL APPLICATION NO. 988 of 2022 In LETTERS PATENT APPEAL NO. 754 of 2022 With R/MISC. CIVIL APPLICATION NO. 989 of 2022 In LETTERS PATENT APPEAL NO. 756 of 2022 With R/MISC. CIVIL APPLICATION NO. 990 of 2022 In LETTERS PATENT APPEAL NO. 761 of 2022 With R/MISC. CIVIL APPLICATION NO. 991 of 2022 In LETTERS PATENT APPEAL NO. 762 of 2022 With R/MISC. CIVIL APPLICATION NO. 992 of 2022 In LETTERS PATENT APPEAL NO. 752 of 2022 With R/MISC. CIVIL APPLICATION NO. 993 of 2022 In LETTERS PATENT APPEAL NO. 755 of 2022 With R/MISC. CIVIL APPLICATION NO. 994 of 2022 In LETTERS PATENT APPEAL NO. 759 of 2022 ============================================

DILIPBHAI MASRIBHAI VAJA Versus STATE OF GUJARAT ============================================

Appearance:

ANAND J ACHARYA (11519) for the Applicant(s) No. 1 MR TUSHAR L SHETH(3920) for the Opponent(s) No. 4 MR ROHAN RAVAL, (appears in MCA Nos.981 to 985 of 2022), MR JAY A. MEHTA, (appears in MCA Nos.986 to 990 of 2022) & MR AAKASH GUPTA, (appears in MCA Nos.991 to 994 of 2022)

ASSISTANT GOVERNMENT PLEADERS for the Opponent(s) No. 1,2,3 ============================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 07/06/2023 COMMON ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present contempt applications have been filed alleging the disobedience of the directions issued by the learned Single Judge vide common judgment and order dated 07.03.2022 passed in Special Civil Application No.1831 of 2021 and allied matters, which was confirmed by the Division Bench vide order dated 20.07.2022 passed in captioned Letters Patent Appeals, wherein and whereby, the learned Single Judge had directed the respondent – Municipality as well as the State authorities to fix and pay the minimum pay scale to the petitioners (applicants) with effect from 01.04.2021.

2. Learned advocate Ms.Krishna G. Rawal, has submitted that the respondent-Municipality has not fully complied with the judgment and order passed by this Court and the pay, which is already fixed and paid to the applicants, in fact, is on a lower side instead of the pay scale, which the applicants are entitled. It is submitted that the respondent - Municipality though is required to fill up the posts, which are sanctioned by the State Government has not filled up the same.

2.1 She has further submitted that as per the directions issued by the learned Single Judge in the aforesaid judgment and order, on which, the compliance is sought, the applicants, who are working since long, are entitled to more pay scale.

2.2 Thus, she has submitted that since the aforesaid judgment and order is not complied in totality and the applicants are not granted the minimum pay scales, as per the norms of the State Government, the 4^th Pay Scale, which is conferred by the Municipality looking to the expenditure of less than 48%, is required to be ignored. Thus, she has submitted that there is total defiance of the judgment and order passed by the learned Single Judge. Hence, the respondents more particularly the Nagarpalika, may be directed to comply with the directions.

3. Per contra, learned advocate Mr.Sheth, appearing for the respondent - Nagarpalika has submitted that pursuant to the directions issued by this Court an order dated 22.11.2022 was alread