LAWS(GJH)-2011-3-3

S A JAFAI Vs. STATE OF GUJARAT

Decided On March 10, 2011
S.A.JAFAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) In all these cases, as a common question of law is involved and similar prayer has been made, they were heard together and are disposed of by this common judgment.

(2.) The Regional Director of Municipalities, State of Gujarat, Rajkot, by order dated 9.10.2003 cancelled the pay and allowances as was granted to the employees of the Bagasara Municipality at par with the recommendations of the 5th Pay Commission and thereby the order of approval granted by order dated 9.11.1998 was set aside. Such order was passed in exercise of powers conferred under Section 260 of the Gujarat Municipalities Act, 1963. The order aforesaid having affirmed by the State of Gujarat, the employees of the Bagasara Municipality preferred these writ petitions challenging the aforesaid orders.

(3.) The brief facts of the case are as follows :-