IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.6191 OF 2003
--------------------------------------------------------------
UDAY HARIOM VYAS & ORS.
Versus
STATE OF GUJARAT & ORS.
--------------------------------------------------------------
Appearance:
1. Special Civil Application No. 6191 of 2003
MR. J.A. ADESHRA for Petitioner Nos. 1-5
GOVERNMENT PLEADER for Respondent Nos. 1-2
M/S. NANAVATI & NANAVATI for Respondent No. 3
--------------------------------------------------------------
CORAM : HON'BLE MR.JUSTICE RAVI R.TRIPATHI
Date of Order: 01/02/2005
ORAL ORDER
1.Leave to implead the respective colleges as party
respondents.
2.On 5th May, 2003, this Court issued Notice,
returnable on 16th June, 2003. Till date, the Government
has not chosen to file reply affidavit to the petition.
3.Mr.J.A.Adeshra, learned Advocate appearing for
the petitioners, submitted that in an earlier
proceedings, being Special Civil Application Nos.8021 and
8023 of 1998, this Court had issued the following
directions:
“(1)The Government will constitute a
Committee consisting (1) Secretary Finance
Department, (2) Secretary Legal Department, (3)
Secretary Education Department and (4)
Vice-Chancellor of relevant Universities and that
Committee will consider the contents of the
[petitioner which has been raised in the petition
and entire record of the petition will be treated
as representation of the petitioner. Over and
above if petitioner desire to file additional
submission then it will be open for her to file
written submission within two weeks from the date
of receipt of the writ of this Court.
(2)After the Committee received such
representation, the Committee will afford an
opportunity of hearing to the petitioner and
after hearing the petitioner the Committee will
adjudicate the demand of the petitioner and the
Committee will consider including the copy of the
writ petition and the contentions raised there in
and all the papers which have been submitted
including the judgment of the tribunal which has
been referred by the petitioner in this behalf.
(2.A)The Committee will also afford an
opportunity of being heard to association of the
teachers.
(3)The Committee will pass a short but
speaking order in this behalf within four weeks
from the date of receipt of said representation.
(4)The petitioner will make representation
by 31st December, 2001, and the Committee will
decide the said representation preferably by 28th
February, 2002.”
Mr.Adeshra submitted that though it was directed
that the High Power Committee shall consider the
representation, filed by the petitioner within two weeks
from the date of receipt of the writ of this Court by
passing a speaking order within four weeks from the date
of receipt of the said representation, nothing was heard
and, therefore, the petitioners were constrained to file
Miscellaneous Civil Application No.2390 of 2002 and 1616
of 2002 in Special Civil Application No.8026 of 1998 for
contempt. The Governemnt of Gujarat then passed an order
dated 25th February, 2003, a copy of which is produced at
Annexure-F wherein it is stated that the Committee has
taken into consideration all the relevant materials
submitted and the oral submissions made before the
Committee, and decided that the request of the applicants
to consider the persons working of Computer Programmer in
the Non-Government Affiliated Colleges, in the category
of the teaching staff, is not acceptable. The Committee
has further decided that since the representation of the
applicants for revision of pay with effect from 1.1.1996
has already been considered by the Pay Anomally
Committee, which has submitted its report to the
Government and the decision of the Government thereon is
awaited, it would not be appropriate for the Committee to
make any recommendation at this stage.
4.On receipt of this order dated 25th February,
2003, the petitioners are again constrained to approach
this Court by way of this petition.
5.In view of the fact that the Government has not
filed any reply affidavit to the petition, despite the
fact that Notice was made returnable on 16th June, 2003,
the following order is passed:
Rule and Notice as to interim relief, returnable
on 3rd March, 2005.
In the meantime, ad interim reliefs in terms of
paragraph-28(E).
Direct Service is permitted.
(Ravi R. Tripathi, J.)
kamlesh*