RIMPAL RAMESHBHAI VIRSODIYA Vs. PANKAJ KUMAR

JUDGEMENT

(1.) This group of Miscellaneous Civil Applications are filed alleging that the respondents have violated the directions issued by this Court in the orders passed in Special Civil Applications.

(2.) The applicants are working as adhoc Lecturers, Readers and Professors in the Gujarat Ayurvedic Colleges. They approached this Court by filing Special Civil Applications under Article 226 of the Constitution of India aggrieved by the decision of the Director, Indian System of Medicine &Homeopathy revising their pay scales (pay in pay band) from their original pay scales stated in their respective appointment orders. Learned Single Judge allowed the petitions by recording a finding that such a decision was taken without giving any opportunity of hearing to the applicants-original petitioners and such an action on the part of the respondents was illegal, unconstitutional and arbitrary. The authorities were directed to pay the salary to each of the writ petitioners by applying the pay scale as mentioned in the letter of appointment. Further directions were issued for payment of difference of salary towards arrears within a period of two months from the date of the order. Aggrieved by the order passed by the learned Single Judge, the respondents have preferred Letters Patent Appeals before this Court. The said Letters Patent Appeals were dismissed by the Division Bench by order dated 7.2.2017.

(3.) When these matters have come up for hearing, learned Assistant Government Pleader Mr. Devnani has produced a copy of the order dated 3.4.2017 passed by the authorities for payment of the differential salary amount in compliance of the directions issued by this Court. Further, by placing on record such order dated 3.4.2017, it is submitted, on instructions from Mr. K.R. Desai, Director of Indian System of Medicine and Homeopathy, that due to some administrative problems, the amounts which are payable could not be paid immediately and they will pay such amount within a period of two weeks from today.