In a significant development, the High Court of Gujarat has issued an order regarding compliance in the pay fixation dispute. The case involves the Department of Animal Husbandry and the Finance Department, with implications for Veterinary Officers. Stay tuned to know more about the details of this important legal ruling.
Facts
- Petitioners have sought relief for willful breach of order dated 07.07.2022 passed by the Hon’ble Court.
- They have requested suitable action against the opponents under Contempt of Courts Act.
- The order in question is from Special Civil Application No.12707 of 2019.
Arguments
- The learned advocate referred to a communication dated 26.04.2023 in support of his argument.
- Government Pleader highlighted that the directions in the previous order were limited to including No Private Practicing Allowance in basic pay and calculating Dearness Allowance.
- The Government department has initiated the exercise of pay fixation as per the order but it is pending at the Finance Department.
- The Court reviewed the documents and heard arguments from both sides.
- The oral judgment of 07.07.2022 allowed the petition by the Assistant.
- The petitioners obtained minutes under the Right to Information Act showing that the pay fixation exercise has not been completed, indicating non-compliance with the order.
Analysis
- The Court took into consideration the document filed along with the affidavit-in-reply of the respondents dated 26.04.2023.
- The Non-Private Practicing Allowance was declared to be treated as Basic Pay for the period between 1st April 2004 and 31st March 2009 for the purpose of determining Dearness Pay.
- Pay fixation under the Sixth Pay Commission had to be approved from the Pay Fixation Unit in Gandhinagar w.e.f. 01/01/2006.
- For the implementation of the Seventh Pay Commission, pay fixation had to be done w.e.f. 01/01/2017.
- The authority concerned was directed to calculate the difference accordingly for each Veterinary Officer and pay the consequential benefits within three months from the date of the order.
- The benefits of treating Non-Private Practicing Allowance as Basic Pay were partially implemented, as per the High Court of Gujarat’s observations.
- The Finance Department was requested to approve/direct the complete compliance with the High Court’s judgment.
- Upon direction from the Director of Animal Husbandry, proposals for pay fixation were made, and arrears were to be paid for the period from 01/01/2006 to 31/07/2022.
Decision
- The petition stands disposed off.
- The direction is given to consider N.P.P.A. as a part of the Basic pay.
- Consequential benefits as per the order of the Hon’ble High Court are to be paid within four weeks.
- The exercise undertaken is expected to be concluded by the Department expeditiously, preferably within six months.
Case Title: PATEL BABUBHAI KANJIBHAI Vs. K M BHIMJIYANI IAS, SECRETARY
Case Number: R/MCA/1398/2022
