STATE OF GUJARAT Vs. NADIAD MUNICIPAL PENSIONERS ASSOCIATION

JUDGEMENT

(1.) By way of present appeals under Clause 15 of the Letters Patent, the State of Gujarat through the Director of Municipality and the Nadiad Municipality through its Chief Officer have challenged the judgment dtd. 11/2/2016 passed by the learned Single Judge in Special Civil Application No.9192 of 2014.

(2.) The captioned two appeals came to be admitted by the coordinate Bench of this Court.

(3.) Today, after arguing for some time, learned Government Pleader Ms. Manisha Lavkumar assisted by learned AGP Ms. Divyangna Jhala appearing for the appellant of LPA No.629/2016 states that the appeal filed by the Director of Municipality is mainly on the ground that the observations made by the learned Single Judge in the impugned judgment and the subsequent directions issued are against the Director of Municipality but the original petitioner had not joined the Director of Municipality as party respondent in the said petition. She would further submit that in paragraph 22 of the impugned judgment, it has been held by the learned Single Judge that the decision of the Director of Municipality dtd. 7/10/2015 to accord sanction to the proposal of the Municipality to revise the pension from 1/9/2014 and treat the period between 1/1/2006 and 31/8/2014 as notional and again subject to the percentage of establishment expenses is unconstitutional being violative of Article 14 of the Constitution of India has also been passed without affording any opportunity of hearing to the Director of Municipality, who was never joined as a party respondent although the said communication was brought on record at the instance of Municipality alongwith additional affidavit dtd. 9/10/2014 filed at the instance of Municipality.