SCA/9627/2002 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9627 of 2002 For Approval and Signature: HON'BLE SMT. JUSTICE ABHILASHA KUMARI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BABULAL MOHANDAS NIMBARK - Petitioner Versus STATE OF GUJARAT & 2 - Respondents ========================================================= Appearance : MR MP SHAH and MS. KRUTI M SHAH for Petitioner. MS TN KACHCHHI, AGP, for Respondents : 1, 3, MR DC DAVE for Respondent) : 2, ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 02/09/2008 ORAL JUDGMENT This petition has been filed by the petitioner, with the following prayers :- SCA/9627/2002 2/6 JUDGMENT “(a) admit and allow this petition. (b) issue notice to all the respondents. (c) quash and set aside the order of the transfer dated 4.6.2002 by which the petitioner was transferred from Bedi- Vachhakpar, Taluka Tankara to Bhavpar, Taluka Maliya-Miyana which is at Annexure B/5 and direct therespondents to continue the petitioner as Talati- cum-Mantri at Bedi-Vachhakpar, Taluka Tankara, District : Rajkot or direct the respondents to transfer him at Madhapar, Taluka Rajkot or at Suvag,Taluka Paddhari, where the posts of Talati- cum-Mantri are vacant. (d) direct the respondents to grant the petitioner the subsistence allowances for the period during which the petitioner remained under suspension for the two times. (e) direct the respondents to expedite and grant higher pay-scale to the petitioner called 9-18-27, for whatever the petitioner is entitled. (f) direct the respondents to expedite the appeal preferred by the petitioner against the order by which his 3+2=5 increments are withheld with the future effect by giving the opportunity of being heard to the petitioner. SCA/9627/2002 3/6 JUDGMENT (g) Pending hearing, admission and final disposal of this petition, stay the order of transfer dated 4.6.2002 passed by the Dy.D.D.O. Establishment, District Panchayat, Rajkot by which the petitioner is transferred from Bedi-Vachhakpar, Taluka Tankara, District : Rajkot to Bhavpar, Taluka Maliya-Miyana, District : Rajkot; (h) grant such other and further reliefs as thought fit in the interest of justice.” 2. At the very outset, when this petition was taken up for final hearing, Ms.Kruti M.Shah, learned counsel for the petitioner, upon instructions from the petitioner, who is personally present in the Court today, has submitted that due to efflux of time, the prayer contained in Para-6(c), whereby the transfer order dated 4.6.2002 has been challenged, does not survive and is, therefore, not being pressed. 2.1 Regarding the prayer made in Para-6(d) for grant of subsistence allowance for the periods of suspension twice undergone by the petitioner, it is stated by the learned counsel for the petitioner that the interest of justice would be served if the SCA/9627/2002 4/6 JUDGMENT petitioner is permitted to make a representation to the competent authority in this regard. 2.3 So far as the prayer for grant of higher pay-scale to the petitioner as contained in Para-6(e) is concerned, Ms.Kruti Shah, learned counsel for the petitioner, has stated that the petitioner may be permitted to make a representation in this regard as well. 2.4 The learned counsel for the petitioner has further submitted that the petitioner has preferred an appeal against the order, by which 3+2=5 increments were withheld with future effect, which, to the best knowledge of the petitioner, has not yet been decided, and it is appropriate that a direction be given to the concerned authority to expedite the hearing of the appeal. 3. Ms.Kruti Shah, learned counsel for the petitioner has drawn attention of this Court to the order dated 27.9.2002, wherein the Court had directed that the petitioner's representation dated 26.8.2002 against the order of transfer and any other SCA/9627/2002 5/6 JUDGMENT representations regarding the grievances raised by the petitioner in the petition may be looked into and decided by the concerned respondent at the earliest. Since the challenge to the order of transfer is not being pressed by the learned counsel for the petitioner and in the light of the statement made by Ms. Kruti Shah, learned counsel for the petitioner, the only order which needs to be passed, in the facts and circumstances of the case, is as under: (i) The petitioner may make a representation to the respondent No.2 regarding the payment of subsistence allowance for the periods during which the petitioner was twice placed under suspension. If such a representation is made by the petitioner within a period of two weeks from today, the respondent No.2 will give an opportunity of hearing to the petitioner and pass an order in accordance with law, within a period of one month from the date of receipt of the representation. (ii) The petitioner may make a separate representation for grant of higher pay-scale within a period of two weeks from today, which may be decided SCA/9627/2002 6/6 JUDGMENT by the respondent No.2, after giving an opportunity of hearing to the petitioner, in accordance with law, within a period of three months from the date of receipt of the representation. (iii) If the appeal preferred by the petitioner against the order by which 3+2=5 increments have been withheld with future effect, is still pending, the competent authority may expedite the hearing and decide the said appeal as expeditiously as possible and not later than 30th December, 2008. It is clarified that this Court has not gone into the merits of the case. The petition stands disposed of, in terms of the aforesaid directions. Rule is made absolute to the extent indicated hereinabove only. [Smt.Abhilasha Kumari,J.] (patel)