VIKESHBHAI FAKEERBHAI PATEL Vs. COMMISSIONER MUNICIPALITY

JUDGEMENT

(1.) Heard Mr. B.S. Patel, learned Senior Counsel assisted by Ms. Nidhika P. Zaveri, learned advocate for the petitioners, Mr. Kurven Desai, learned AGP for the respondent - State as well as Ms. Harshal Pandya, learned advocate for the respondent No.2 - Municipality.

(2.) In this petition, under Article 226 of the Constitution of India, the challenge is to the order dtd. 7/1/2021 by which the 7 th pay commission of the petitioners who are working under the Municipality have been withdrawn.

(3.) The primary challenge to the order of the petitioners is that firstly; such order could not have been passed by the Chief Executive Officers / Chief Officer in view of the GR dtd. 9/12/2020 which recorded the pendency of an order before the Hon'ble Supreme Court which had directed the local bodies and the Chief Officers not to take a policy decision. Mr. Patel would submit that despite such prohibition, the Chief Officer by the impugned order withdrew the benefits of the 7 th pay commission of the petitioners. The second ground of the challenge is the order withdrawing the benefit has been passed without hearing.