J.N.PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present LPA is filed being aggrieved by judgment and order dated 24.03.2003 passed by the learned Single Judge in SCA No.6923 of 2002, whereby the learned Single Judge was pleased to dismiss the petition observing as under:-

(2.) Learned Senior Advocate Mr.Kavina appearing with learned Advocate Mr.Muchhala for the appellantsoriginal petitioners submitted that a request was made to the learned Single Judge to continue the interim relief and that was continued up to 16.04.2003, which was then continued by the Division Bench of this Court and it is operating till today.

(3.) The question involved in these matters is that the appellants-original petitioners were serving in Shantilal Shah Engineering College which was initially started within the campus of Bhavnagar University, which is within the Municipal Corporation limits of the city of Bhavnagar. Later on, for the reasons beyond the control of the appellants-original petitioners, the authorities decided to shift this college to a place known as 'Sidsar', which, incidentally happens to be situated outside the Municipal Corporation limits of city of Bhavnagar. Earlier, HRA was governed by GR dated 15.12.1975, wherein the provision was that even if an employee resides at a place situated within 8 kms. From the outer periphery of Municipal limits, the employee will be entitled to HRA which is paid to the employees who are residing within the Municipal limits of the city.