NAYNABEN SHANTILAL PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who is working as a Community Organiser, has filed the present writ petition, being aggrieved by the action of the Collector, Banaskantha District (respondent No.2) whereby the Resolution of the Palanpur Nagarpalika (respondent No.3) granting 2 advance increments to the petitioner, has been suspended. The petitioner is further aggrieved by the order of the Deputy Secretary(Appeals), Urban Development and Urban Housing Department, Gandhinagar dated 21.5.94 whereby the appeal of the petitioner against the aforesaid action of respondent No.2 has been dismissed.

(2.) It is the case of the petitioner that respondent No.3 -Nagarpalika granted two advance increments to the petitioner vide office order dated 9.3.93. This was done by the said Nagarpalika as per Resolution No.11 dated 28.4.88. The respondent No.2, on instituting suo motu proceedings under Section 258 of the Gujarat Municipalities Act, 1963 (herein-after referred to as "the Act"), vide order dated 7.10.93 permanently suspended the aforesaid Resolution. The respondent No.3. i.e. Nagarpalika appeared before the Collector and opposed the institution of suo motu revision by the Collector under Section 258 of the Act and also submitted its written reply. However the petitioner, who was the beneficiary of the two advance increments granted to her by the Nagarpalika, was neither issued a show cause notice nor given an opportunity of being heard by the Collector, before suspending the Resolution granting advance increments in her favour.

(3.) Being aggrieved by the aforesaid order of the Collector, the petitioner, alongwith two other similarly situated persons, preferred an appeal before the Deputy Secretary (Appeals), Urban Development and Urban Housing Department. This appeal was rejected vide order dated 21.5.94. Being aggrieved by the aforesaid action of the Collector and the appellate authority, the petitioner has approached this Court for the redressal of her grievances.