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Judgment
A.S. Supehia, J
Rule. Learned advocates waive service of notice of rule for and on behalf of the respective respondents.
At the outset, learned advocate Mr.Soni appearing for the petitioners has submitted that the issue is squarely covered by the judgement and order dated 14.02.2022 passed in Special Civil Application No.8114 of 2021 and allied matter.
Learned advocate Mr.Shah and learned advocate Ms.Davawala appearing for the respective respondents have submitted that the issue is squarely covered by the aforesaid judgement.
Learned AGP, upon instructions, has submitted that the process with regard to implementation of the judgement and order dated 14.02.2022 has been undertaken and the matter is referred to the Finance Department.
In the present case, the petitioners are claiming the following reliefs:
“9B) Be pleased to the quash and set aside the impugned illegal, arbitrary and discriminatory actions of the respondent Nos. 1 and 2 in giving arbitrary and discriminatory treatment to the petitioner by placing at Rs.12090/- w.e.f. 01.01.2006 and thereby paying them less salaries than juniors who are placed at Rs.12540/- w.e.f. 01.01.2006.
C) Be pleased to issue appropriate writ order and direction upon the concerned respondent authorities to fix minimum Pay band of Rs. 12540/- with grade pay Rs.4600/- w.e.f. 01.01.2006 as well as be pleased to issue appropriate write, order and direction upon the concerned respondent authority to consider notional pay for the period from 01.01.2006 to 31.03.2010 and arrears is to be calculated since 01.4.2010 as per the Government Resolution, which the petitioner has already been granted / fixed on the basis of the order passed by the respondent No. 3 dated 12.09.2016.
D) Be pleased to issue appropriate writ order and direction upon the concerned respondent authorities to step up the pay of the petitioner by minimum pay at Rs.12540/- in the pay band of Rs.9300-34800 with arrears from 01.01.2006 and to pay periodical rise with all consequential benefits.
E) Be pleased to issue appropriate write, order and direction upon the respondents, their agents and servants to step up the petitioner’s pay and to put him at par with their juniors who are appointed on or after 1.1.2006 and to place the petitioner at the stage of Rs.12540/- in the Pay-band of Rs.9300-34800 (PB-2) with effect from 1.1.2006 which is the Entry Level Pay for fresh recruits as per Finance Department Government Resolution dated 14th September, 2011.
F) Be pleased to read down the Government Resolution dated 14.9.2011 in the petition as if it is providing for the same Rs.10810 Pay in Pay Band as on 1.1.2006 for the employees appointed prior to 1.1.2006 like the present petitioner, as has been provided for the fresh recruits appointed on or after 1.1.2006, and be further pleased to direct the respondents to act accordingly insofar as the petitioner is a concerned;
G) Be pleased to issue appropriate write, order and direction upon the concerned respondents authorities to issue the Sticker of the Seventh Pay Commission and to release last installment of arrears qua the Seventh Pay Commission, which has not been released till date for want of the said Sticker of the Seventh Pay Commission.
H) Be pleased to issue appropriate writ order and direction upon the concerned respondent authority to disbursing benefit as per Government Resolution dated 27.02.2009 and fix minimum pay band of Rs.18,750 with grade pay of Rs. 6600/- w.e.f. 15.02.2013.”
The Court has perused the judgement and order dated 14.02.2022 passed by the Coordinate Bench of this Court in the aforementioned writ petitions. A perusal of the same reveals that this Court, after thorough examination of the analogous issue, which is raised in the present writ petitions with regard to fixation of pay, has allowed those writ petitions. It is not in dispute that the respondent-State authorities are in the process of implementing the aforesaid judgement and granting the benefits arising out of the said judgement and the issue is pending before the Finance Department.
Under the circumstances, the present writ petitions are allowed in terms of judgement and order dated 14.02.2022 passed in Special Civil Application No.8114 of 2021 and allied matter. Accordingly, the benefits shall be paid to the petitioners within the time-frame, as mentioned in the aforesaid judgement i.e. 08 weeks. Rule made absolute.
Registry to place a copy of this order in the connected matter.