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SCA/1858/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1858 of 2011
With
SPECIAL
CIVIL APPLICATION No. 4166 of 2011
=========================================================
ROOSEVELT
G SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH ADDITIONAL SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PARESH UPADHYAY for
Petitioner(s) : 1,
MS JIRGA JHAVERI Ld. AGP for Respondent(s) :
1,
NOTICE SERVED for Respondent(s) : 2,
NOTICE SERVED BY DS for
Respondent(s) : 2,
MR HS MUNSHAW for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/09/2011
ORAL
ORDER
Heard
the learned advocates for the parties.
Ms.
Jirga Jhaveri learned AGP for the respondent no. 2 places on record
the affidavit-in-reply filed by the Under Secretary, Industries &
Mines Department, Government of Gujarat, on record, which referred
to a communication dated 8.10.1996 of Department of Industries &
Mines, Government of Gujarat to absorb employees of Undertaking of
State of Gujarat, namely, Gujarat State Textiles Corporation,
pursuant to the order dated 28.9.1996, passed by the High Court of
Gujarat, and the resolution dated 27.11.1997 of Department of
Finance, Government of Gujarat, about the scheme of VRS framed for
the employees/officers of Government organizations/semi-government
organizations. The above communication also referred to absorb such
employees who stood relieved on a closure of Corporation to be
absorbed in various Boards, Corporations and Companies, on
sympathetic consideration.
However,
very affidavit referred to statement-A, B and D at Annexure-R-V and
Statement-A is pertaining to protection of pay of 34 employees of
Gujarat State Textiles Corporation (now in liquidation). The
Statement-D again of the employees of the very Corporation (in
liquidation) and the pay protection given to 12 employees as per
Government Resolution dated 27.11.1997, but Statement-B enlist 32
employees who are deprived of pay protection, but remained to be
erstwhile employees of Gujarat State Textiles Corporation (in
liquidation).
Mr.
Presh Upadhyaya learned advocate for the petitioners would submit
that the stand of the officers of the Department of Industries, as
reflected in the affidavit dated 20.9.2011, is diametrically opposed
and against the earlier recommendations of the then Principal
Secretary, Department of Industries and other communications annexed
with the petition. In view of the above, it is submitted that the
group of the employees/petitioners herein are not only discriminated
but treated unreasonably by depriving them of protection of their
pay conferred to similarly situated employees who were relieved from
erstwhile Gujarat State Textiles Corporation (in liquidation). It is
further submitted that inspite of specific order dated 20.4.2011 and
opportunity was granted to respondent no. 1 to file
affidavit-in-reply on or before 4.5.2011, but no affidavit is filed.
At
this stage, learned AGP, however, requests to afford one more
opportunity to concerned respondent no. 1 to explain and answer the
submissions of learned advocate for the petitioners. Prima-facie,
the group of employees/petitioners though similarly situated to the
employees whose names appeared in Statement-A & B at
Annexure-R-V to the affidavit-in-reply dated 20.9.2011, who are
conferred pay protection and the petitioners who are similarly
situated employees have been deprived of the benefit of pay
protection. However, as a last opportunity, the matter is adjourned
to 4.10.2011.
[ANANT
S. DAVE, J.]
mandora/
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