Heard Mr. Dave, learned advocate for the applicant and Mr. Niraj, learned AGP for the opponent.
On 23/3/2012, below mentioned order was passed:
" On 13.3.2012, the hearing of the application had to be adjourned because learned AGP informed the Court that their cause list contained [?] against the listing of present application. Learned AGP then explained the said symbol and stated that neither papers nor any instructions were received. Therefore, at the request of learned AGP, hearing was adjourned to today.
Today, when the application is taken-up for hearing, same reply is given by learned AGP, who says that the cause list contains [?].
This new method adopted by the office of learned Government Pleader is not known to this Court.
It is really tedious task and wastage of time for the Court that the learned AGPs giving such reply when the applications/petitions are taken up for hearing.
If the affairs of the office of learned Government Pleader are to continue like this and if learned AGPs continue to give such reply then in all such matters the Court may be compelled to pass mandatory directions granting interim relief without granting any time or in the alternative impose exemplary costs while granting adjournment on each occasions.
As a last chance, today, the hearing of present application is adjourned to 27.3.2012.
If the learned AGP gives the same reply on the said date also, exemplary costs will be imposed. Copy of this order shall be sent by the registry to the office of learned Government Pleader.
Interim relief, if any, granted earlier, to continue till then.
S.O. to 27.3.2012.
Office is directed to place writ petition being Special Civil Application No.3320 of 2010 alongwith present application."
As per the said order, compliance of order was required to be made latest by 27/3/2012, Though the order was not complied with and considering the request made by learned AGP, as a last chance the proceedings were adjourned to 5/4/2012 by extending time limit until 4/4/2012. Until now the reply has not been filed.
Today, learned AGP has again requested for time.
Therefore, the application is partly allowed by restraining the respondent from recovering the difference of pay scale until the final hearing in the petition or until any other and further order is passed.
So far as the request of the petitioner - applicant to direct the respondent to grant difference of payment of 20% of 6th Pay scale to petitioner is concerned, it is clarified that it will be permissible for the applicant to approach the competent authority with appropriate request in light of the aforesaid direction.
The application is accordingly disposed of. Copy of present order shall be maintained on record of SCA no. 3320/2010.
(K.M.THAKER, J) *asma Top