IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.9226 OF 2004
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MUNICIPAL & PANCHAYAT EMPLOYEES UNION
Versus
CHIEF SECRETARY TO THE GOVT. OF GUJARAT & ORS.
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Appearance:
1. Special Civil Application No. 9226 of 2004
MR. P.H. PATHAK for Petitioner
GOVERNMENT PLEADER for Respondent No. 1-2,4
MR. SANJAY M. AMIN for Respondent Nos. 3 & 5
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CORAM : HON'BLE MR.JUSTICE RAVI R.TRIPATHI
Date of Order: 01/02/2005
ORAL ORDER
1.The petitioner, Municipal & Panchayat Employees
Union, through its General Secretary, is before this
Court praying that,
“This Hon’ble Court be pleased to issue an order,
writ in the nature of mandamus and/or certiorari
or other appropriate writ, order or direction,
declaring the impugned decision on the part of
respondent no.3 for non-payment of due salary to
the employees, as illegal, unjust, arbitrary and
in violation of Art 14, 16 & 21 of the
Constitution of India and be pleased to direct
the respondents to pay all arrears of salary to
the employees of Nagarpalika with 18% interest.”
The petition was filed in the month of July, 2004
and Notice was issued on 30th July, 2004, returnable on
9th August, 2004. Thereafter, respondent no.2, Director
of Municipalities, has filed two affidavits, one dated
12th October, 2004 and another dated 11th January, 2005.
Both these affidavits do not deal with the petition
parawise. Similarly, the respondent no.3, Chief Officer,
Kalol Nagarpalika, has also filed an affidavit, on his
behalf and also on behalf of the President, respondent
no.5, setting out the financial crisis, resulting into
the arrears of salary.
2.Mr.Sanjay M.Amin, learned Advocate appearing for
respondent nos.3 and 5, invited the attention of the
Court to the averments made in paragraph-10 of the
affidavit-in-reply. It is set out therein that a sum of
Rs.48.38 lakhs is receivable by the Nagarpalika towards
different heads of grant like hospital grant, family
planning grant, dearness allowance grant, etc. He
submitted that now, the Nagarpalika is able to pay
regular salary, but, still the question of `arrears’
survives. He submitted that there was a time when the
`arrears’ had mounted for almost 12 months, but, as, on
receiving the funds, the Nagarpalika has paid towards the
arrears, and now, the arrears have come down to about 7
to 8 months. He submitted that if Rs.48.38 lakhs, amount
payable towards various grants, is paid by the State
Government, the same can be paid towards the `arrears’.
3.The learned AGP to take instructions in this
regard. Reply affidavit, if any, shall be filed on or
before 14th February, 2005. The matter be listed on 15th
February, 2005.
(Ravi R. Tripathi, J.)
kamlesh*