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SCA/2707/1997 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2707 of 1997
=========================================================
COMMISSIONER
OF HIGHER EDU. & ITS ALLIED OFFICERS - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
DG CHAUHAN for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 06/04/2010
ORAL
ORDER
1. The
petitioner has prayed for a direction to the respondents to grant
revised pay scale to the members of the petitioner Association
working under the office of the Commissioner of Higher Education and
its allied offices under the Education Department in the cadre of
Senior Clerk,Statistical Assistant / Head Clerk and Auditor Group-I
at par with the pay scale which is given to the Assistant, Section
officer and under secretary of the Secretariat at par with
promotional posts.
2. The
petitioner association made representation to the State Government
about the disparity of pay scale of the similar situated employees
of the state government.
3. The
petitioner also made representation to the state government about
granting pay scale at par with employees of the Revenue Department
as well as the Secretariat.
4. In
identical petitions, on 9th February 2007 this Court
passed following order.
In
all these petitions the respective petitioners / unions /
associations have prayed for an appropriate order directing the
respondents to revise the pay scale and to remove the anomaly in the
pay scale.
One
Gujarat State Employees Confederation preferred Special Civil
Application No. 24819 of 2006, which came up for hearing before
Brother Judge (Coram: H.K.Rathod, J.) and by order dated 30.11.2006,
the learned Single Judge of this Court has directed the State
Government to take an appropriate decision within a reasonable time
and as early as possible and communicate the decision to the
petitioner immediately.
Today,
when all these matters are called out, Shri Dipen Desai, learned AGP
under the instructions from the Officer of the Finance Department
has submitted that the disputes, which have been raised in the
present group of petitioners were referred to the Pay Anomaly
Committee and in turn the Pay Anomaly Committee has submitted its
report to the Sub-Committee and the Sub-Committee has also
considered the same and the report is at present with the State
Government for its consideration.
In
view of the order dated 30.11.2006 passed in Special Civil
Application No. 24819 of 2006 and in view of the above, it will be
in the fitness of things to dispose of all the present Special Civil
Applications directing the State Government to take an appropriate
decision within a time bound programme. Under the circumstances, the
State Government is directed to consider the report submitted by the
Pay Anomaly Committee as well as Sub-Committee and take an
appropriate decision with regard to the pay anomaly and on all other
questions, which have been raised in the present Special Civil
Applications, as early as possible but not later than 3 months from
the date of receipt of this order. The State Government to
communicate the decision to the respective petitioners within a
period of 15 days thereafter. The State Government and the concerned
departments are directed to strictly comply with the above
directions. It is, however, made clear that this Court has not
expressed any opinion on the merits in favour of either parties. It
goes without saying that if any adverse decision is taken, it will
be open for the respective petitioners to challenge the same by way
of appropriate proceedings.
With
these, all these petitions are disposed of. Rule discharged. No
costs.
Direct
Service is permitted.
5.
Accordingly the State Government is directed to consider the
report submitted by the Pay Anomaly Committee as well as
Sub-Committee and taken an appropriate decision with regard to the
pay anomaly and on all other questions, which have been raised in the
present petition as early as possible,
but not later than 3 months from the date of receipt of this order.
The State Government shall communicate the decision to the
petitioner within a period of 15 days thereafter. The State
Government and the concerned departments are directed to strictly
comply with the above directions. It is, however, made clear that
this Court has not expressed any opinion on the merits in favour of
either parties. It goes without saying that if any adverse decision
is taken, it will be open for the petitioner to challenge the same
by way of appropriate proceedings.
6. With the
above directions petition is disposed of. Subject to above directions
rule is discharged with no order as to costs.
(K.S.
Jhaveri,J.)
mary//
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