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SCA/13959/2010 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13959 of
2010
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BOTAD
MUNICIPALITY THROUGH CHIEF OFFICER - Petitioner(s)
Versus
BHIMJIBHAI
RAMJIBHAI DHANDHAL - Respondent(s)
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Appearance :
MR
PREMAL R JOSHI for Petitioner(s) : 1,
RULE SERVED for
Respondent(s) : 1,
MR DG SHUKLA for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/02/2011
ORAL ORDER
Heard
Ms. Joshi, learned advocate for the petitioner. She has submitted
that the substantive post of the respondent is that of a Wireman and
whenever the respondent is required to work as a Light Inspector,
extra allowance is being paid to him. She also submitted that having
regard to the said fact and material available on record, which is
related to the said issue, the Court has, by order dated 21.10.2010,
admitted the petition and also granted ad-interim relief.
2. Mr.
Shukla, learned advocate for the respondent, has opposed the
ad-interim relief and submitted that after adjudication, the Court
has directed the petitioner to pay the difference of wages and that
therefore, stay of the said direction ought not be granted.
3. Ms.
Joshi has referred to the document at Annexure-D and submitted that
two posts are different and so far as the post of Light Inspector is
concerned, there is only one sanctioned post whereas the respondent
is engaged as Wireman and that therefore, the impugned award has been
passed without having regard to the material on record. Mr. Shukla,
learned advocate has opposed this submission.
4. In
this view of the matter, the ad-interim relief granted earlier will
continue to operate until final hearing and disposal of the writ
petition. The registry is directed to list the matter in the cause
list of Final Hearing.
[K.M.Thaker,
J.]
kdc
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