1. It appears that having regard to the decision of the Division Bench in case of S.A.Jafai v. State of Gujarat [(2011)(2) GLR 1223], the respondent Nagarpalika already explained the situation regarding the total establishment expenses, vide its letter dated 30th September 2011.
2. From the record it appears that the Director, Municipalities has not taken the said clarification into account and proceeded to issue direction dated 27.01.2012, which, prima facie, does not appear to be in consonance with the decision of the Hon'ble Division Bench and/or does not appear to have been taken into consideration the respondent Nagarpalika's letter dated 30th September 2011.
3. Learned counsel for the respondent Nagarpalika has submitted that in view of the communication dated 27.01.2012, from the office of respondent No.2, Director, the respondent Nagarpalika is put in precarious position. Under the circumstances, this Court is constrained to direct the Director to issue appropriate clarification/directions on or before 21st March 2012, after taking into account the letter dated 30th September 2011 addressed by respondent Nagarpalika and the decision of this Court in above referred case. If any appropriate decision is not taken and conveyed to the respondent Nagarpalika by 21st March 2012, the Court may be constrained to ask the respondent No.2, Director to appear before the Court and explain the reason and basis for his letter dated 27.01.2012. S.O. to 23.03.2012.
4. In the meanwhile, the respondent Nagarpalika and other respondents shall, if they so desire, file their reply affidavit.
(K.M.THAKER, J.) jani Top