VANTHALI NAGAR PALIKA Vs. NATHALAL BHAGWANBHAI SOLANKI

JUDGEMENT

(1.) Both the appeals arise out of the similar issue decided by the learned Single Judge in the impugned judgment and order dated 04.12.2019. The prayers prayed for in the writ petition are identical and hence, both the appeals are heard together and disposed of by this common judgment and order.

(2.) In a nutshell, the respondent-original petitioners prayed for declaration that they are eligible and entitled for revised pension/family pension pursuant to the recommendation of 6 th Pay Commission and 7th Pay Commission and accordingly they have prayed for further direction to revise the pension of the original petitioners. The respondents-original petitioners are employees of the Vanthali Nagarpalika who are getting pension and family pension pursuant to the recommendations of the 5 th Pay Commission. As the record shows, the benefit of 6 th Pay Commission was extended to the original petitioners w.e.f. 01.01.2006, however as the benefit was not accorded to them, they filed representation on 07.09.2018 requesting the authority of the appellant to revise the pension pursuant to the recommendations of 6th Pay commission and 7th Pay Commission, which was not extended to them. The learned Single Judge referring to the judgment of the learned Single Judge of this Court in Sarvoday N.Parikh and Ors. Vs. Una Nagarpalika and Ors. Passed in SCA No. 8608 of 2013, confirmed by the Division Bench in LPA No. 672 of 2016 vide order dated 13.07.2017, has been pleased to allow the petitions filed by the respondents-original petitioners and has declared that the respondents-original petitioners are entitled to get revised pension pursuant to the recommendations of 6th and 7th Pay Commission as per the corresponding pay-scales. The learned Single Judge has been pleased to revise the pension/family pension of the petitioners and was pleased to direct to pay the arrears which may arise within a period of eight weeks from the receipt of the copy of the judgement and order passed by the learned Single Judge. Being aggrieved by the same, the present appeals are preferred by the Vanthli Nagarpalika, the local authority.

(3.) Heard Mr.Nilesh Shah, learned advocate for the appellant in both the appeals, Mr. Vipin Mehta, learned advocate for the original petitioners in both the appeals and Mr. Dharmesh Devnani, learned AGP for respondents no. 5 to 8 State Authorities.