VERAVAL-PATAN JOINT MUNICIPAL EMPLOYEES CREDIT CONSUMER CO-OPERATIVE SOCIETY LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader for the respondent Nos.1 to 3 as well as Mr. Amar D. Mithani, learned advocate waives service of notice of Rule for the concerned respondent No.4 - Nagarpalika.

(2.) With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

(3.) By way of this petition, under Article 226 of the Constitution of India, initially the petitioner has prayed for a direction that the respondent Nos.2 and 3 decide the proposal dtd. 25/9/2018 sent by the Veraval - Patan Joint Municipality and grant the benefits of the 7th pay commission to the petitioner. It appears that pursuant to the proposal initially sent by the Municipality, the Regional Commissioner of Municipality, Bhavnagar by an order dtd. 15/6/2019 rejected the proposal of the Municipality on the ground that the explanation given by the Municipality is not acceptable and for the Financial Years 2018-19, since the establishment expenditure is 63.08%, even though in the proposal the Municipality had stated that the expenditure for 2017-18 was 44.64% and Financial Year 2018-19, it was 47.36%, the proposal for giving the benefits of the 7th pay commission was rejected.