1. In pursuance of the discussions which had taken place earlier during hearing of present petitions, the Regional Director has placed on record the communication dated 27.3.2012.
2. It is understood that the said communication has been forwarded to the Nagar Palika as well.
3. Mr. Soni, learned advocate appearing for the Nagar Palika has submitted that Nagar Palika will act in accordance with the communication dated 27.3.2012 and make payment of salary of concerned employee after taking into account the communication - order dated 27.3.2012 passed by the Regional Director.
The respondent - Regional Director has placed on record reply affidavit dated 29.3.2012 which is taken record.
A copy of reply affidavit has been served to the learned advocate appearing for the petitioner.
It is clarified that the aforesaid arrangement including the communication - order 27.3.2012 are made only as interim / interlocutory arrangement, so as to address and redress the immediate anxiety of the petitioners i.e. regarding payment of their salary, until the petition is heard on merits and appropriate decision with regard to the original decision of the competent authority and the petitioner's objection against the said decision are considered and the issues are decided. Therefore, present arrangement is made subject to the further orders which may be passed by the Court on this count on next date of hearing.
In this context the submission made by the competent authority in paragraph No.5 of the reply affidavit dated 29.3.2012 is also required to be taken into account. The said paragraph No.5 read thus:-
"5.
I respectfully say that, I believe that there are some complication from the end of the municipality and therefore from the end of my office and for that I am making my apology, I will verify the record of the municipality and thereafter if the establishment expense is under the 48% in view of the Hon'ble Division Bench judgment as mentioned above will pass appropriate order in accordance with law."
4. The respondent - competent authority is directed to act in accordance with submissions made in paragraph Nos. 4 and 5 and to take appropriate decision by keeping in focus the decision of the Hon'ble Division Bench and the facts / details which may be supplied by the Nagar Palika, unless the Apex Court passes an order in the pending Special Leave Petition. In that event actions shall be taken as per the directions by the Apex Court. The decision shall be placed on record of present petition.
With the aforesaid clarification the hearing of present petitions are adjourned to 11.4.2012.
In view of the request made by learned AGP it is directed that a copy of the order may be made available to learned AGP.
(K.M.THAKER,J.) Suresh* Top