LAWS(GJH)-2018-2-17

JAYESHKUMAR GANDALAL PATEL Vs. STATE OF GUJARAT

Decided On February 02, 2018
Jayeshkumar Gandalal Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. Havewalla for the petitioners and learned Assistant Government Pleader Ms. Divyangna Jhala for the respondents No.1.

(2.) By filling the present petition, the petitioners have prayed to direct the respondent authority to pay HRA @ 20% and CLA as per the basic salary of the petitioners from the date of their appointment and HRA @ 20% as per the norms of the Sixth Pay Commission with effect from 1.4.2009 and further be pleased to hold that the petitioners are serving at a place covered under the Surat Urban Agglomeration which includes the extended limits of the Surat Municipal Corporation and the peripheral limits of 8 Kms as per the definition of Urban Agglomeration.

(3.) Learned advocate for the petitioners submitted that the petitions involving similar facts and identical issue containing the similar prayer, came to be decided by common judgment dated 05.07.2016 in Nitinkumar C. Patel vs. State of Gujarat being Special Civil Application NO. 1791 of 2007 and other allied matters. Learned Assistant Government Pleader accepted the position that the present matter as well as those decided cases are similar and further that the said common judgment would apply to the case of the present petitioners also.