Modi Rajendra Ratilal & 4 vs State Of Gujarat &

1. By this writ application under Article 226 of the Constitution of India, the petitioners, serving with the respondent No.2, have prayed for the following reliefs;

"(A) This Hon'ble Court may be pleased to issue appropriate writ order or direction quashing and setting aside the action of the respondents of not giving the benefits of the 6th pay commission to the petitioners being discriminatory, arbitrary and violative of the Articles 14, 21 and 226 of the Constitution of India.

(B) This Hon'ble Court may be pleased to issue an appropriate writ, order or direction declaring that the petitioners are entitled to the benefits of 6th pay commission and be pleased to direct the respondents to give the benefits of the 6th pay commission to the petitioners from the date when other work charge employees were given the said benefits and be pleased to award interest at the rate of 10% per annum on the arrears.

HC-NIC Page 1 of 4 Created On Wed May 04 04:15:53 IST 2016 C/SCA/7133/2016 ORDER (C ) Pending admission, hearing and final disposal of the present petition, the respondents may be directed to give the benefits of 6th pay commission to the present petitioners from the next months i.e. April, 2016.

(D) Ad-interim relief in terms of prayer (C ) above may kindly be granted."

2. An identical matter came up before this Court being Special Civil Application No.4583 of 2016, which came to be disposed of vide order dated 27th April, 2016 in the following terms;

"1. By this writ application under Article 226 of the Constitution of India, the petitioners serving as Sub Engineers (workcharged) have prayed for the following reliefs:

7 A) This Honble Court may be pleased to issue appropriate writ order or direction quashing and setting aside the action of the respondents of not giving the benefits of the 6th Pay Commission to the petitioners being discriminatory, arbitrary and violative of the Articles 14, 21 and 226 of the Constitution of India.

B) This Honble Court may be pleased to issue an appropriate writ, order or direction declaring that the petitioners are entitled to the benefits of 6th Pay Commission and be pleased to direct the respondents to give the benefits of the 6th Pay Commission to the petitioners from the date when other work charge employees were given the said benefits and be pleased to award interest at the rate of 10% per annum on the arrears.

C) Pending admission, hearing and final disposal of the present petition, the respondents may directed to give the benefits of 6th Pay Commission to the present petitioners from the next months i.e. April, 2016.

D) Ad-interim relief in terms of prayer (C) above Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed May 04 04:15:53 IST 2016 C/SCA/7133/2016 ORDER may kindly be granted.

2 The case of the petitioners may be summarized as under:

2.1 The petitioners seek to challenged the action of the respondents in not extending the benefits of the Sixth Pay Commission being violative of Articles 14 and 21 of the Constitution of India. It is their case that the other employees similarly situated have been given the benefits of the Sixth Pay Commission, whereas the petitioners have been left out from such benefits. It is also not in dispute that the petitioners were given the benefits of the Fifth Pay Commission in the year 1998 by the resolution of the State Government dated 28th October, 1998.

3 It appears from the materials on record that by circular dated 27th January, 2015, the respondent No.2 has extended the benefits of the Sixth Pay Commission to 71 workcharged employees as against the recommended 92 workcharged employees.

4 The issue raised in this writ application is no longer res integra in view of the judgment and order passed in the Special Civil Application No.12527 of 2013 and allied matter. The judgment referred to above was challenged by the State of Gujarat by filing the Letters Patent Appeal No.1230 of 2015. The Division Bench of this Court by judgment and order dated 23rd September, 2015 dismissed the appeal and thereby affirming the judgment of the learned Single Judge.

5 It appears that the matter was carried upto the Supreme Court and the Special Leave Petition came to be dismissed by order dated 4th January, 2016.

6 In view of the above, no adjudication is necessary on merit. The respondents are obliged to give effect to the judgment referred to above. No good explanation has been put forward as to why out of 92, 71 workcharged employees were extended the benefits of the Sixth Pay Commission and the petitioners have been left out. I am of the view that the petitioners are also entitled to the same treatment and the benefits of the Sixth Pay Commission.

7 In the result, this writ application succeeds and is hereby allowed. The respondents are directed to pass necessary orders in this regard within a period of one month from the date of receipt of this order and see to it that the benefits of the Sixth Pay Commission are extended. Ms. Phalguni Patel, the learned counsel appearing for the respondent No.2 Board states that her client has already forwarded the proposal to the State Government dated 17th November, 2015. In such circumstances, the State Government shall now pass necessary orders as directed. Direct service is permitted."

3. This writ application is also disposed of in terms of the order referred to above.

Direct service is permitted.

(J.B.PARDIWALA, J.) Vahid Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed May 04 04:15:53 IST 2016