S M PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was called out for hearing in the first round in first sitting then in the second round and third round in second sitting but none put appearance for the petitioners. Perused the special civil application and heard the learned counsel for the respondents.

(2.) Prayer has been made by the petitioners for quashing and setting aside of the order annexure 'E' dated 5th August, 1985 and for further direction to the respondents No. 2 and 3 to pay the special pay to them and the members of the petitioner - Union as per the order annexure 'B' dated 9th July, 1985.

(3.) This petition has been filed by the Scheduled Castes and Scheduled Tribes Government Press Employees' Union, Gandhinagar. During the months of June, July and August, 1985, the State Government employees had proceeded on strike for pressing their demand for removal of roster system. So the strike was against the reservation in the services given to the scheduled castes and scheduled tribes. The Government has taken a decision on 9th July, 1985 for giving of 10% special pay to the employees holding additional charge of the higher posts in the Government Press and who did not joined the strike. In pursuance of the said order, 118 employees including the members of the petitioner-Union were given the additional charges of various higher posts for discharging their duties in place of the employees who had gone on strike and remained absent during the period from 9-7-1985 to 18-8-1985. Certain clarifications have been made to the aforesaid resolution. I find from the averments made in the special civil application that 10% charge allowance was given in addition to the regular double pay. However, under the order dated 5th August, 1985, 10% allowance as declared under the resolution dated 28th June, 1985 has been cancelled. Hence, this special civil application.