1. Heard Mr. Jasani, learned Advocate for petitioner and Mr.Sanchela, learned Advocate for respondent.
2. Mr.
Sanchela, learned Advocate for respondent has submitted that the affidavit proposed to be filed on behalf of respondent No.3 is almost ready and some time is required to finalize the affidavit and to file the same. In light of the submissions made by the learned counsel for the petitioner it prima facie appears that the respondent No.4 passed the order extending benefit under 5th Pay Commission to the employees of respondent no.3, without approval or sanction from the Director of Municipalities. Furthermore, vide order passed in exercise of powers under Section 258 of the Act the Collector has suspended the operation of the resolution/order passed by respondent No.3 whereby the benefit of 5th Pay Commission came to be extended to the employees of the respondent No.3. Under the circumstances, at this stage, the interim relief as prayed for by the petitioner cannot be granted until the reply from the respondent authorities is received and the reasons in support of the order dated 05.01.2012 are considered in light of such reply affidavit. At the request of learned Advocate for respondent time to file affidavit is granted until 23rd March 2012. S.O. to 23.03.2012.
(K.M.THAKER, J.) jani Top