1. After reference to the latest affidavit-in-reply of Principal Secretary, Finance Department, filed pursuant to previous order dated 18.7.2006, it was seen that a bland statement on behalf of the respondent is made on affidavit to state that Cabinet Sub-Committee did not accept the recommendation of the Pay Anomaly Committee and the State Government has decided to accept the recommendations of the Cabinet Sub-Committee in this particular matter.
Therefore, it was argued by learned Senior Advocate, Mr.B.P. Tanna, that the decision of the Government was ex facie arbitrary and the petitioners did not have any means to know as to why and on what ground the recommendation of the Pay Anomaly Committee was not accepted.
2. Learned AGP, Ms.Monali Bhatt, submitted that as on today only papers of first matter i.e. Special Civil Application No.1768 of 1992 were available to her and she needed to take necessary instruction as regards the basis of decision of the Government not to accept the recommendation of the Pay Anomaly Committee.
3. Under the above circumstances, it appears to be necessary that an officer of appropriate rank of the State Government should remain personally present with the files recording decision of the Government not to accept the recommendations of the Pay Anomaly Committee. Accordingly, it is directed that on the next date of hearing such officer shall remain personally present, with relevant papers and files, so as to instruct learned AGP and disclose before the Court the reasons for non-acceptance of the recommendation of the Pay Anomaly Committee. S.O. to 20th January 2012. To be listed at 1.30 p.m. No further adjournment may be granted.
(D.H.Waghela, J.) *malek Top