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Judgment
J.B. Pardiwala, J.—This petition has been preferred by the employees of Surendranagar Nagarpalika, who have retired from service in the year 1998.
In this petition, the grievance redressed is that Nagarpalika is not extending benefits of encashment of leave as well as payment of arrears of salary as per 5th Pay Commission recommendations.
This Court had, earlier, at the time of admission of the petition, directed Nagarpalika to pay 25% of the amount payable to the Petitioners on or before 18th February, 2002. Today, when the matter is taken up for final hearing, Mr. H.J. Nanavati, learned Counsel appearing on behalf of Respondent No. 2 Nagarpalika produced an order dated 2nd May, 2011 passed by the Regional Director of Municipalities, State of Gujarat, according permission to the Respondent Municipality for implementation of 5th Pay Commission recommendations on the terms and conditions mentioned therein.
In view of this order passed by the Regional Director of Municipalities and on the basis of the same, Mr. Nanavati, upon instructions makes a statement that the order passed by the authority will be acted upon and implemented by the Nagarpalika and the pay-scales of the Petitioners will be fixed as per the terms and conditions of the said order. So far as the prayer with regard to extending benefit of encashment of leave based on the 5th Pay Commission recommendations is concerned, it will be open for the Petitioners to prefer appropriate representation in this regard before the Nagarpalika and on receipt of such representation, the same shall be considered and a decision shall be taken by the Nagarpalika in accordance with law, relying on the order dated 2nd May, 2011 passed by the Regional Director of Municipalities, within a period of four weeks from the date of receipt of such representation. It is expected that the Petitioners shall cooperate with the Nagarpalika in connection with exercise that may be undertaken for the purpose of extending benefits under the order dated 2nd May, 2011.
It is brought to the notice of the Court that at the time of admission, 25% of the amount payable to the Petitioners was ordered to be paid and accordingly, 25% of the amount was paid to them.
The petition is disposed of accordingly.
If any adverse order is passed by the Nagarpalika so far as benefit of leave encashment is concerned, it will be open for the Petitioners to challenge the same.
Rule is made absolute to the aforesaid extent.