(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The basis of the present petition is the alleged breach and non-compliance of the order passed by the learned Single Judge of this Court and the confirmation thereof by the LPA Bench, whereby the benefits were conferred on the petitioners at par with the State Reserved Police (SRP). It is also an admitted position that so far as the arrears are concerned, the issue is pending before the Apex Court and the said aspect is yet to be finalized. Therefore, this Court, on 25.6.2012, had passed the following orders for giving prospective effect, which even the Government had accepted from 6.4.2011 onwards:-
"1. When the matter is taken up for hearing, Mr.Jani, learned Government Pleader, tenders the affidavit of the Commandant General with the order dated 23.06.2012 issued by the Commandant General communicating to the Additional Chief Secretary of the Home Department that the arrears from 06.04.2011 to 31.05.2012 shall also be paid in the month of July 2012 by crediting the amount in the bank account and at paragraph 6 of the affidavit, it has been stated as under:
"6. I say and submit that all the petitioners will be paid salary as per regular pay for the month of June to be paid in July. The amount of arrears will also be paid, deposited in the bank accounts of the petitioners, along with the salary of the month of June. As stated above thereafter the detailed calculation and verification will be made in each individual case and therefore if there is any addition or reduction is to be made in payment of arrears in any individual case the same will be given effect after due communication to the said person."
2.The aforesaid shows that the Commandant General has made an attempt to comply with the order but ultimate sanction is to be granted by the Additional Chief Secretary of the Home Department.
3.Mr.Jani, learned GP states that as the order is of this Court, necessary sanction will be granted. However, he wants to reconfirm that from the Additional Chief Secretary of the Home Department and for such purpose he seeks time.
4.S.O.
to 29.06.2012 for reporting compliance."
Thereafter on 29.6.2012, the following order was passed :-
" Pursuant to the last order dated 25.6.2012, Mr. Jani has tendered the affidavit of the Under Secretary of the Home Department, wherein at paragraph-3, it has been stated as under:
"I say and submit that the Government Authority is bound by the order and direction of the Court and the same are to be complied with. I have gone through the affidavit filed by the Commandant General, Home Guards. The affidavit is in compliance with the resolution dated 19.4.2012 and the necessary steps are being taken by all the authorities to comply with the same. I further say and submit that the necessary grant, sanction and other necessary directions are issued to comply with the direction of this Hon'ble Court as per affidavit filed by the commandant General."
The aforesaid shows that the State Officers are to comply with the directions of this Court and Home Department has also given concurrence on it. In order to see that the compliance is actually made and reported to this Court, S.O. to 13th July, 2012. "
Today, it has been stated that the arrears and also the regular salary have been paid to the petitioners as per the declaration made before this Court and the regular salary in future shall be accordingly paid.
Mr.Shalin Mehta, learned Sr. Counsel and Mr.Shukla, learned Counsel appearing for the respective petitioners did submit that the payment of arrears is not completely made as per the direction of this Court, inasmuch as certain benefits, which are available to the State Reserved Police have not been calculated and paid, including that of Leave Encashment Allowance, Leave Allowance, Gratuity, etc. At this stage, the learned Counsel for the petitioners state that they would seek appropriate clarification in the order passed by this Court.
Under these circumstances, the present proceedings are not required to be continued further. Disposed of accordingly. It is observed that in the event the matter is moved to the concerned Court for appropriate clarification, the rights and contentions of both the sides shall remain open, in accordance with law.
(Jayant Patel, J.) (C. L. Soni, J.) vinod Top