MADHAVJIBHAI LADHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned advocates appearing for the parties.

(2.) SHORT question raised in these petitions is with respect to the grant of benefits of 5th Pay Commission Recommendations to the employees of Visavadar Municipality. It is the case of the petitioner that the administrative expenditure does not exceed 45% of the revenue collection and therefore, as per the Government policy such pay-scales were justified and validly granted by the Municipality. To this issue, the Director of Municipality had doubt whereupon the impugned order has been passed.

(3.) ON behalf of the Municipality, learned advocate Shri Anshin Desai also submitted that the record would suggest that the administrative expenditure does not exceed 45%. Under the circumstances, without expressing any opinion on such rival contentions, the proceedings are remanded to the Director of Municipalities for fresh consideration and disposal in accordance with law after permitting both sides to place such materials as may be available with them. Fresh order may be passed expeditiously and preferably within four months and until such time, the status quo shall continue.