1. Vide order dated 19.01.2012 considering the factual aspect of the case this Court had passed the following order :
"1. Ms.
Megha Chitaliya, learned AGP appears on advance copy. Earlier this Court (Coram: H.K. Rathod, J.) vide order dated 6.2.2007 passed in Special Civil Application No.3279 of 2007 and allied matters had passed the following order:-
"5. As and when the respondent No.1 herein receives the representation from the petitioners, the respondent No.1 herein is directed to consider the grievance of the petitioners and examine the same why the benefit of 4th and 5th Pay Commission has been denied though it has been recommended by the Regional Director of Municipality to the Secretary and why effective steps so far not taken by the Secretary in response to the recommendation made by the Regional Director of Municipality on 23.1.2002 and then, pass appropriate reasoned order in accordance with law, within a period of two months from the date of receiving the copy of representation from the petitioners and communicate the decision immediately to the petitioners."
2. It transpires that thereafter as the decision was not taken, the petitioners approached this Court by way of filing Misc. Civil Application No.2291 of 2011 under the provisions of the Contempt of Court Act, 1971 which came to be disposed of as the petitioner withdrew the said petition with a view to avail substantive petition for ventilating the grievances raised in the petition vide order dated 12.9.2011 of this Court (Coram: Jayant Patel, J. and R.M. Chhaya, J.). Mr. Mihra, learned advocate for the petitioner states that even till date no decision is taken as per the direction issued, as aforesaid. Hence, Ms. Megah Chitaliya to take instructions as to when the representation shall be decided. In order to enable her to do so, S.O. to 23.1.2012.
A copy of this order may be made available to Ms. Megha Chitaliya, learned AGP for its onward communication."
2. Ms.
Chitaliya, learned Assistant Government Pleader states that communication was addressed to respondent no.1 on 20.1.2012 along with copy of the order passed by this Court dated 19.1.2012 and the same was dispatched by Fax. Still-however, today when the matter is called out Ms. Chitaliya has no instructions, as according to her even though the concerned authorities were informed about the earlier order dated 19.1.2012 neither any conversant officer has remained present in person nor any instructions have been sent. It is a matter of regret that even earlier two orders have not been considered by the respondent authorities and in light of the fact that the present petition is filed for implementation of the earlier order passed by this Court in Special Civil Application No. 3279 of 2007 and allied matters.
3. Even after consideration of the application as well as this petition, the petitioner is found to be entitled to the pensionary benefits as prayed for the respondent authorities shall be jointly liable to pay interest from today i.e. 23.01.2012 @ 9% p.a. The respondent nos. 1 to 3 are hereby directed to file an affidavit on merits of the matter as well as further directed to give explanation for non compliance and disobedience of the earlier order dated 19.1.2012 latest by 6.2.2012. In case, if no affidavit is filed as directed above, the respondent nos. 1 to 3 shall remain personally present before this Court and tender their explanation in person. A copy of this order may also be provided to Ms. Megha Chitaliya, learned Assistant Government Pleader for its onward communication. S.O. to 07.02.2012.
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(R.M. Chhaya, J.) M.M.BHATT Top