LAWS(GJH)-2023-6-328

DILIPBHAI MASRIBHAI VAJA Vs. STATE OF GUJARAT

Decided On June 07, 2023
Dilipbhai Masribhai Vaja Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present contempt applications have been filed alleging the disobedience of the directions issued by the learned Single Judge vide common judgment and order dtd. 7/3/2022 passed in Special Civil Application No.1831 of 2021 and allied matters, which was confirmed by the Division Bench vide order dtd. 20/7/2022 passed in captioned Letters Patent Appeals, wherein and whereby, the learned Single Judge had directed the respondent - Municipality as well as the State authorities to fix and pay the minimum pay scale to the petitioners (applicants) with effect from 1/4/2021.

(2.) Learned advocate Ms.Krishna G. Rawal, has submitted that the respondent-Municipality has not fully complied with the judgment and order passed by this Court and the pay, which is already fixed and paid to the applicants, in fact, is on a lower side instead of the pay scale, which the applicants are entitled. It is submitted that the respondent - Municipality though is required to fill up the posts, which are sanctioned by the State Government has not filled up the same.

(3.) Per contra, learned advocate Mr.Sheth, appearing for the respondent - Nagarpalika has submitted that pursuant to the directions issued by this Court an order dtd. 22/11/2022 was already passed by the Nagarpalika, Sutrapada and accordingly, the benefits of 4th Pay Commission is given after fixing the minimum pay scale, whereas for the difference of 5 th Pay Commission, the Nagarpalika sought approval from the Commissioner of Municipalities.