writ petition before the hon"superime court shetty commission gujarat
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SYNOPSIS
This Special Leave Petition has been filed against the final
order/judgment dated 7.9.2011 passed by the Division bench of the
High Court of Gujarat at Ahmedabad in Special Civil Application No.
7813 of 2010. In the Special Civil Application, the Petitioners had
prayed for implementation of the order dated 7.10.2009 passed by
this Hon’ble Court in All India Judges and Ors. Vs. Union of India and
Ors, in Writ Petition (Civil) No. 1022 of 1989 as well as
recommendations of Justice Shetty Pay Commission.
By the order dated 7.10.09 this Hon’ble Court had directed
implementation of the recommendations of the Shetty Pay
Commission relating to the Judicial Staff of Subordinate Courts
including those working in the State of Gujarat. The High Court, in
the Special Civil Application has directed implementation of all the
recommendation of Shetty Pay Commission as well as direction
given by this Hon’ble Court in the order dated 7.10.2009 except not
granting further revised pay scale w.e.f. 1.1.2006 on the basis of pay
scales revised pursuant to Justice Shetty Commission
Recommendation. The result of not granting the said relief is that
though the Judicial Staff has received revised Pay scale till 1.1.2006
but after the said date their pay scales and other benefits have
again been put at par with the other employees of the State
Government. In short, there is non-implementation of the following
directions in the order dated 7.10.2009 of this Hon’ble Court:
“(IV) In some of the States based on various other pay
commissions Reports, benefits had been given to the
members of the staff, these benefits, if any, given shall
be in addition to the recommendations given by the
Shetty Commission.
In any case if the members of the staff
association/subordinate staff getting higher benefits
under any of the recommendations of the pay
commission/Government orders, they shall be permitted
to avail those benefits.”
[Emphasis Supplied]
The non-implementation of the said direction has virtually nullified
all the efforts which were made by this Hon’ble Court in
implementation of the Shetty Pay Commission by which the Pay
Scales and other benefits of the Judicial Staff were revised keeping
in view the work and duties performed by them in courts and also
keeping the efficient administration of justice as paramount
consideration. It is important to point out that in the other States,
the direction given by the Hon’ble Supreme Court vide order dated
7.10.2009 has been correctly applied, some of those States are:
Haryana and Karnataka. In the State of Haryana, the 6th Pay
Commission benefits have been given on the basis of higher benefits
/ Pay Scales given by the Shetty Pay Commission. In Karnataka,
higher benefits have been given on the basis of State’s own Pay
Commission recommendations. This has created an anomalous
situation: in some States, benefit of order dated 7.10.2009 by this
Hon’ble Court has been extended whereas in other States this has
been denied. This is creating frustration among the Judicial
Employees of those States where the benefits have not been
granted. Hence, this Special Leave petition only against the limited
portion of the impugned order/judgment by which the above said
benefit has been denied.
LIST OF DATES
Petitioners are an Association of Non-Judicial
Staff of Subordinate Courts in the State of
Gujarat. Their association has been
recognized by Hon’ble High Court of Gujarat
vide its resolution No. B-1437-71, dated 12th
July 1991. Vide this resolution the Petitioner-
association are entitled to raise the issues
for protection of their rights guaranteed
under Constitution of India.
7.10.2009 This Hon’ble Court passed order in the
matter of All India Judges Association and
Others Vs. Union Govt. of India an Ors in Writ
Petition (C) No. 1022/1989 to implement the
recommendation of Shetty Commission
Report by all States/ UTs/ High Courts w.e.f.
1.4.2003. The said order dated 7.10.2009
reproduced as under:
“O R D E R
Impleadment applications are allowed.
The Shetty Commission Report was
submitted in March 2003, pursuant to the
orders dated 17.12.1997 and 7.1.1998
passed by this Court wherein it was
emphasized that the improvement in
service conditions of the Judicial Staff is
necessary for the administration of justice
and rule of law. This Court, after
considering the submission made by the
States/UTs/High Courts, has accepted the
Shetty Commission recommendations and
passed various orders. Finally, on
15.07.2008 this Court has directed:
i. The recommendations are reasonable
and do not involve any financial
burden.
ii. The decision to implement the
recommendations by all States should
be taken within a period of three
months.
iii. The recommendations will be
implemented w.e.f 1.4.2003.
We are told that so far all the
States/UTs have not implemented the
recommendations fully. Some of the
States have implemented the
recommendations but had given effect
to the date later than 1.4.2003. Still
some of the grievances of various
officers are subsisting. In view of these
circumstances, we direct that hereafter
these matters be considered by the
respective High Courts of the
State/UTs. We direct that:
i. The High Courts, on
judicial/administrative side, will ensure
implementation of the
recommendations of the Shetty
Commission within a reasonable period
of one year. The High Court shall
permit writ petitions or applications
that may be filed by the individual or
staff association representing the
various members of the staff.
ii. The High Courts shall also see that the
recommendations are implemented
w.e.f. 1.4.2003.
iii. There shall be benefit of one advance
increment on the existing pay-scale
instead of initial pay-scale. In many of
the States, the same benefit has not
been given to the members of the
staff, the High Court should also see
that these recommendations are
implemented.
iv. In some of the States based on various
other pay commissions Reports,
benefits had been given to the
members of the staff, these benefits, if
any, given shall be in addition to the
recommendations given by the Shetty
Commission.
In any case if the members of the staff
association/subordinate staff getting
higher benefits under any of the
recommendations of the pay
commission/Government orders, they
shall be permitted to avail those
benefits.
Office is directed to send back all the
records, if any, to the respective High
Courts. A copy of the consolidated
report of the Shetty Commission may
also be sent to the respective High
Courts/UTs.
I.As. are disposed of accordingly.”
A true and correct copy of the order I.A. No.
71 A and other connected I.A.s dated
7.10.2009 passed by this Hon’ble Court in
Writ Petition (C) No. 1022/1989 is Annexure
P-1.
4.11.2009, 9.12.200919.2.2010 & 7.6.2010 Petitioners’ Association made
representations before the Registrar (Admn)
High Court of Gujarat at Ahmedabad and
requested for implementation of the Report
of Justice Shetty Commission w.e.f. 1.4.2003
as applicable for the State of Gujarat. The
Petitioner also requested for implementation
of the order dated 7.10.2009 passed by this
Hon’ble Court. Justice Shetty Commission
Report as made applicable for the State of
Gujarat at the earliest.
But no positive response was received by
the Petitioners.
25.11.2009 In response to the representations made by
the Petitioners, Registrar (Inspection)
informed the Petitioners that in this regard
Secretary to the Government of Gujarat,
Legal Department, Gandhi Nagar has been
requested to take necessary action for
compliance of this Hon’ble Court’s order
dated 7.10.2009. A true and correct copy of
the Letter No. 1083/2009 dated 27.11.2009
for compliance of order dated 7.10.2009
passed by this Hon’ble Court in Writ Petition
(C) No. 1022/1989 is Annexure P-2.
28.6.2010 Petitioners filed Special Civil Application No.
7813 of 2010 before the Gujarat High Court,
inter-alia, praying for implementation of the
Recommendation of the Justice Shetty
commission as well as the order dated
7.10.2009 passed by this Hon’ble court. A
true and correct copy of the Special Civil
Application No. 7813 of 2010 dated
28.6.2010 is Annexure P-3.
18.12.2010 State of Gujarat filed an affidavit. It was
stated in the affidavit filed by Legal
Department of Government of Gujarat that it
is taking necessary steps to implement the
recommendation made by Shetty
Commission to the Non-Judicial Staff of
Subordinate Court. A true and correct copy
of the affidavit filed by State of Gujarat
dated 18.12.2010 in Special Civil Application
No. 7813 of 2010 is Annexure P-4.
7.5.2011 The Government of Gujarat, Legal
Department passed a Resolution No. PGR-
102010-14-PartIIID dated 7.5.2011 vide
which benefits of Shetty Commission to the
staff of Subordinate Courts in the State were
granted. A true and correct copy of
Resolution dated 7.5.2011 is filed as
Annexure P-5.
13.6.2011 The Petitioners filed an Additional Affidavit.
In this Additional Affidavit the Petitioners
submitted that the Government has not
issued Resolution No. PGR-102010-14-Part-
IIID dated 7.5.2011 in full compliance of the
recommendations made by the Shetty
Commission Report-2003 and the order
dated 7.10.2009 passed by this Hon’ble
Court. The Petitioners stated that in the
Resolution, some criminal benefits for which
the Judicial Staff was entitled have been
ignored. A true and correct copy of the
Additional Affidavit dated 13.6.2011 filed by
the Petitioner in Special Civil Application No.
7813 of 2010 is filed as Annexure P-6.
27.7.2011 The State of Gujarat filed an affidavit
enclosing notification stating therein that
vide notification dated 26.7.2011 benefits to
the Non-Judicial Staff of Subordinate Courts
as recommended by Hon’ble Justice Shetty
Pay Commission have been granted and this
Hon’ble Court’s order dated 7.10.2009 has
been complied with in its true letter and
spirit. A true and correct copy of the affidavit
dated 27.7.2011 in Special Civil Application
No. 7813 of 2010 along with Notification
dated 26.7.2011 are filed as Annexure P-7
(Colly).
Though in the Notification dated 26.7.2011,
it was stated that all the directions given by
this Hon’ble Court have been complied with
in letter and spirit, till the notification did not
permit grant of enhanced pay-scale for the
Judicial Staff as provided in the Sixth Pay
Commission w.e.f. 1.1.2006.
The Petitioners have prepared a chart
showing the pay-scales which were
admissible as per the recommendations of
the Shetty Pay Commission and the
Comparative Pay Scales which should have
been given in the 6th Pay Commission,
however, the 6th Pay Commission Benefits
have not been given on the basis of pay-
scales granted by the Hon’ble Supreme
Court based on Shetty Pay Commission
Recommendations. This has resulted in loss
of pay, loss of Pay Scale, loss of Special Pay
as well as loss of increment. A true and
correct copy of the chart prepared by the
Petitioner for City Civil Court, Ahmedabad,
District Courts and Rural Courts, Gujarat &
Small Causes Court and Metropolitan
Magistrate Court are Annexed as Annexure
P-8 (C0lly).
7.9.2011 The High Court disposed of the Special Civil
Application No. 7813 of 2010. The High Court
held that:
“In this regard, we may only mention
that the Supreme Court by its order
dated 7th October 2009 has directed
that recommendations of Justice
Shetty Commission are implemented
w.e.f. 1.4.2003; the benefit of one
advance increment on the existing
pay-scale should be given to the
members of the staff; and, the benefit
of one advance increment on the
existing pay-scale should be given to
the members of the staff; and, the
benefit of revision of pay as per
recommendation of the 6th pay
commission shall be in addition to
the recommendations given by the
Shetty Commission. The Supreme
Court has not passed any order to
provide further revised scale, as
revised pursuant to Justice Shetty
Commission Report. If that is allowed,
then it will amount to grant of revision
of pay twice – one w.e.f. 01.04.2003
and the other w.e.f. 01.01.2006. The
essence of the Supreme Court’s order
is whatever the scale of pay has been
provided pursuant to the
recommendation of the pay revision
commission (6th pay commission),
should be provided to the staff in
addition to the recommendation of
Justice Shetty Commission.”
In the present case, the State
Government has implemented the
recommendation of the pay revision
w.e.f. 01.04.2003 and thereby
complied with the directions of the
Supreme Court.
State Government has also allowed
benefit of one advance increment on
the then existing pay scale in favour of
the employees of the subordinate
court, and thereby also the State has
complied with the directions of the
Supreme Court.
The benefit of Justice Shetty
Commission Report has been allowed
by the State Government in addition to
the pay to which the staff of the
subordinate courts are entitled to as
per the recommendations of the
6th Pay Commission w.e.f. 01.01.2006
which has also been allowed by the
State Government.
We are, therefore of the opinion that
the order of the Supreme Court dated
7th October 2009 passed in I.A. Nos.
71A, 135-136, 137-138 and 142 in W.P.
(C) No. 1022 of 1989 in the case of All
India Judges Association & Ors. vs.
Union of India has been implemented
by the State in letter and in spirit.
So far as the doubt raised with
regard to some of the employees that
their scale of pay will be brought
down, we are of the view that they will
not suffer any loss as option has been
provided under the Rule to the
employees to continue in the old scale
of pay, i.e. the scale of pay as
recommended by Justice Shetty
Commission even beyond 31.12.2005,
i.e. even from 01.01.2006 onwards
also. Hence such employees may opt
to continue in the scale of pay as
recommended by Justice Shetty
Commission.
In view of the developments as
referred to above, no further order is
required to be passed in the present
case. The writ petition stands disposed
of. No costs.”
It is clear from the above that the High Court
has not granted corresponding pay-scales in
the 6th Pay Commission on the basis of pay-
scales which were granted as per
recommendations of the Shetty Pay
Commission, which were accepted by this
Hon’ble Court in the order dated 7.10.2009.
7.12.2011 Hence, the Special Leave Petition is filed
against the judgment and order dated
7.9.2011 in Special Civil Application No.
7813 of 2010.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION(ORDER XVI, RULE 4(1)(a) (UNDER ARTICLE 136 OF THE
CONSTITUTION OF INDIA)SPECIAL LEAVE PETITION (CIVIL) NO._______ OF 2011
(WITH PRAYER FOR INTERIM RELIEF)
BETWEEN:POSITION OF THE PARTIES
In the High Court
In this Hon’ble Court
1. Gujarat State Judicial Department Petitioner PetitionerClass-III, Employee’s Federation No.1 No.1Through PresidentI I Malvat, Small Cause CourtBhadraAhmedabad (Gujarat)
2. Gujarat State Judicial Department Petitioner PetitionerStenographer/ P S Association No.2 No.2
Through PresidentS.R. Thakkar, Ahmedabad (Rural)Court, Mirzapur,Ahmedabad. (Gujarat)
Versus
1. State of GujaratThrough Secretary, General Administrative Department,Sachivalaya,Gandhinagar (Gujarat) Respondent Respondent
No.1 No.1
2. Secretary,Legal DepartmentSachivalaya,Gandhinagar (Gujarat) Respondent Respondent
No. 2 No.2
3. The Registrar (Admn)High Court of Gujarat Respondent RespondentSola, Ahmedabad (Gujarat) No.3 No.3
4. Secretary,Finance DepartmentNew Sachivalaya Respondent RespondentGandhinagar (Gujarat) No.4 No.4
CONTESTING RESPONDENTS
TO
THE HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS HON’BLE COMPANION JUDGES OF THE SUPREME COURT OF INDIA.
THE SPECIAL LEAVE PETITION OF THE PETITIONER MOST
RESPECTFULLY
SHEWETH:
1. This Special Leave Petition has been filed against the final
order/judgment dated 7.9.2011 passed by the High Court of
Gujarat at Ahmedabad in Special Civil Application No. 7813 of
2010. In the Writ Petition the Petitioners had prayed for
implementation of the order dated 7.10.2009 passed by this
Hon’ble Court in All India Judges and Ors Vs. Union of India and
Ors in Writ Petition Civil No. 1022 of 1989. By the said order
dated 7.10.09, this Hon’ble Court has directed implementation
of the recommendations of the Shetty Pay Commission
relating to the Judicial Staff of the Subordinate Courts,
including those working in the State of Gujarat. The High Court
has directed implementation of all the recommendation of the
Shetty Pay Commission as well as direction given by the
Hon’ble Court in the order dated 7.10.2009 except not
granting further revised pay of scale w.e.f. 1.1.2006 on the
basis of pay scales revised pursuant to Justice Shetty
Commission recommendations. The result of not granting the
said relief is that though the Judicial Staff had received revised
Pay scale till 1.1.2006 but after the said date their pay scales
and other benefits have been put at par with the other
employees of the State Government. In short there is non-
implementation of the following directions of this Hon’ble
Court:
“(IV) In some of the States based on various other pay
commissions Reports, benefits had been given to the
members of the staff, these benefits, if any, given shall
be in addition to the recommendations given by the
Shetty Commission.
In any case if the members of the staff
association/subordinate staff getting higher benefits
under any of the recommendations of the pay
commission/Government orders, they shall be permitted
to avail those benefits.”
[Emphasis
Supplied]
The non-implementation of the said direction has virtually
nullified all the efforts which were made by this Hon’ble Court
in implementation of the Shetty Pay Commission by which the
Pay Scales and other benefits of the Judicial Staff were revised
keeping in view the work and duties performed by them in the
courts and also keeping the efficient administration of justice
as paramount consideration. Hence the Present Special Leave
petition only against the limited portion of the impugned
order/judgment by which the above said benefit in pay-scales
has been denied.
2. QUESTIONS OF LAW:
The following questions of law arise for consideration by this
Hon’ble Court:
(i) Whether the High Court was justified in not granting
comparative pay-scales to the Judicial Staff on the basis
of what was granted by the Shetty Pay Commission with
effect from 1.4.2003, in the 6th Pay Commission with
effect from 1.1.2006?
(ii) Whether the High Court could have overlooked the fact
that non-grant of revised pay scales to the Judicial Staff
in the 6th Pay Commission would result in the Judicial
Staff getting benefits of Shetty Pay Commission upto
1.4.2003 and thereafter w.e.f. 1.1.2006 brought back at
par with the other State Government employees?
(iii) Whether the effect of non-grant of the benefit of the 6th
Pay Commission will not result in nullifying the entire
effort made by the Shetty Pay Commission in granting
more benefits / higher pay scales to the Judicial Staff in
comparison to the State Employees, owing to Judicial
Staff discharging heavy and onerous responsibilities?
(iv) Whether the grant of 6th Pay Commission benefits
granted by the Shetty Pay Commission by some of the
States (Haryana, Punjab, Karnataka Etc.) and non-grant
of the same benefit by State like Gujarat will not be
discriminatory, arbitrary and violation of the order dated
7.10.2009 passed by this Hon’ble Court?
(v) Whether the Judicial Staff can be put at par with the
employees, when their work and duties are different and
whether it will not amount to treating unequals as
equals?
3. DECLARATION IN TERMS OF RULE 4(2)
The Petitioners state that no other petition seeking leave to
appeal has been filed by them against the impugned judgment
and order.
4. DECLARATION IN TERMS OF RULE 6
The Annexures produced along with Special Leave Petition are
true copies of the pleadings/documents which formed part of
the records of the case in the Courts below against whose
order, the leave to appeal is sought for in this Petition.
5. GROUNDS:
The leave to appeal is sought for on the following, amongst
other, grounds:
A) Because this Hon’ble Court while exercising powers under
Article 32 r/w Article 142 of the Constitution had desired that
in the interest of administration of Justice, the service
conditions, benefits and pay-scales of the Judicial Employees
should improve. Keeping this object in mind, Justice Shetty Pay
Commission was requested to give recommendations. The
Justice Shetty Pay Commission had given its recommendations
keeping in view the efficiency in the administration of justice
as the main criteria. The Commission had made comparison of
the work done by the Common Category Staff as well as by
other staff working in the State departments with the Judicial
Staff. It was found that the duties discharged by the Judicial
Staff are not only arduous but also quite hectic and onerous.
The Commission had therefore, justified grant of higher pay-
scales to the Judicial Employees in comparison to the staff
employed in executive wing of the Government. There was,
therefore, a rational basis to classify the Judicial Staff being in
a separate category for grant of higher pay scales. The High
Court has failed to keep this object in view while considering
the grant of benefits of the 6th Pay Commission to the Judicial
Employees.
B) Because by virtue of the recommendations of the Shetty Pay
Commission and the order dated 7.10.2009 passed by this
Hon’ble Court, the Judicial Staff pertaining to Gujarat became
entitled to the higher benefits of the pay scale w.e.f. 1.4.2003.
It was on the basis of these pay scales that the 6th Pay
Commission’s benefit should have been applied w.e.f.
1.1.2006. But instead of doing that, the 6th Pay Commission
benefits have been given on the old pay-scales (without
considering the higher benefits / pay-scales which the Judicial
Staff were enjoying), thereby bringing the Judicial Staff at par
with the executive staff. This has resulted in denial of pay-
scales, grade pay, increment, special allowance etc. to the
Judicial Employees.
C) Because the resultant effect on the Judicial Employees after 6 th
Pay Commission is as follows:
(i) The Judicial Staff has been given higher benefits/pay
scales on the basis of Shetty pay-commission
recommendation and order dated 7.10.2009 passed by
this Hon’ble Court w.e.f. 1.4.2003.
(ii) But w.e.f. 1.1.2006 the Judicial Staff will get the same
benefits / pay scales which are given to other employees
of the State. Therefore, the Judicial Staff will get the
benefit of Shetty pay Commission only from 1.4.2003 to
31.12.2005.
D) Because in the other States, the direction given by the Hon’ble
Supreme Court vide order dated 7.10.2009 has been correctly
applied, some of those States are: Haryana and Karnataka. In
the State of Haryana, the 6th Pay Commission benefits have
been given on the higher benefits / Pay Scales given by the
Shetty Pay Commission. In Karnataka, higher benefits have
been given on the basis of States own Pay Commission
recommendations. This has created an anomalous situation: in
some States, benefit of order dated 7.10.2009 by this Hon’ble
Court has been extended whereas in other States this has
been denied. This situation is creating frustration among the
Judicial Employees of those States where the benefit has not
been granted.
E) Because this Hon’ble Court has appointed another Pay-
Commission to revise the benefits and pay-scales of the
Judicial Officers, in whose case also Justice Shetty Pay
Commission had given recommendations. It is required in the
interest of justice as well as administration of Justice that
another Pay Commission is constituted for looking into the
grant of benefits to the subordinate staff through out the
country.
6. GROUNDS FOR INTERIM RELIEF
No Interim Relief is sought for
7. MAIN PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble
Court may be pleased to:-
(a) GRANT special leave to appeal against the
order/judgment dated 7.9.2011 passed by the High
Court of Gujarat at Ahmedabad in Special Civil
Application No.7812 of 2010.
(b) PASS such other and further orders as may be deemed
fit and proper in the facts and circumstances of the case.
8. INTERIM RELIEF
No interim relief is prayed for.
Settled by:
Mr. Sanjay Parikh,Advocate, Supreme Court,
Drawn on:FILED ON:
IN THE SUPREME COURT OF INDIA
(ORDER XVI, RULE 4(1)(a)
CIVIL APPELLATE JURISDICTION
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)
SPECIAL LEAVE PETITION (CIVIL) NO._______ OF
[Against the final order/judgement dated 7.9.2011 passed by the High Court of Gujarat at Ahmedabad in Special Civil Apllication No. 7813 of 2010]
IN THE MATTER OF :
Gujarat State Judicial Department Class-III, ....PetitonersEmployee’s Federation and another.
Vs.
State of Gujarat and others. ….Respondents
DRAWN AND FILED BY
(ANITHA SHENOY)ADVOCATE FOR THE
PETITIONER
PAPER BOOK
FOR INDEX(KINDLY SEE INSIDE)
FILED BY: MS. ANITHA SHENOY,
ADVOCATE FOR THE PETITIONERS
NEW DELHIDATED : 7.12.2011
IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No. OF 2011
IN THE MATTER OF :Gujarat State Judicial Department Class-IIIEmployees Federation & Anr. ….
Petitioners
Versus
State of Gujarat & Ors ….Respondents
CERTIFICATE
Certified that the Special Leave Petition is confined only to
the pleadings before the Court/Tribunal whose order is challenged
and the other documents relied upon in those proceedings. No
additional facts, documents or grounds have been taken therein or
relied upon in the Special Leave Petition. It is further certified that
the copies of the documents/annexures attached to the Special
Leave Petition are necessary to answer the question of law raised in
the Petition or to make out grounds urged in the Special Leave
Petition for consideration of this Hon’ble Court. This certificate is
given on the basis of the instructions given by the Petitioner/person
authorised by the Petitioner whose affidavit is filed in support of the
Special Leave Petition.
FILED BY
(ANITHA SHENOY)ADVOCATE FOR THE PETITIONER
NEW DELHIDATED: 7.12.2011
IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No. OF 2008
IN THE MATTER OF :
Gujarat State Judicial Department Class –IIIEmployees Federation & Anr.
Petitioners
Versus
State of Gujarat & Ors.Respondents
AFFIDAVIT
I, Iqbal Husen Malvat, S/o Isabhai Malvat, aged about 51
years, President, Gujarat State Judicial department Class – II
Employees Federation, Small Causes Court, Bhadra, Ahmedabad,
Gujarat 380001 aged do hereby solemnly affirm and say as under :-
1) I say that I am the President of Petitioner federation and as
such am aware of the facts and circumstances of the case and I am
competent to swear this Affidavit on behalf of all the petitioners.
2) I say that the contents of the Special Leave Petition mentioned
in paragraph nos. 1 to 8 on pages to and List of Dates to are
true to my own knowledge as derived from the records and legal
advice received and believed by me to be true. I further say that the
contents of the Special Leave Petition i.e. Prayer Clause and
Certificate are true to my own knowledge. I further say that the
contents of I. As are true to my knowledge.
3) I say that Annexures P-1 to P- contained in page to are
true copies of the respective originals and form part of the records of
the Courts below.
4) I say that facts stated in this Affidavit are true and correct, no
part of it is false and nothing material has been concealed
therefrom.
DEPONENT
VERIFICATION
Verified that the contents of the above affidavit mentioned in
paras 1 to 4 are true and correct to my knowledge and nothing
material has been concealed therefrom.
Verified at New Delhi, on this 26th day of November, 2011.
DEPONENT
INDEX
S.N. PARTICULARS PAGE
1.
2.
Office Report on Limitation
Listing Proforma
3. Synopsis & List of Dates
4. True and Copy correct copy of the impugned order/judgment dated 7.9..2011 passed by the High Court of Gujarat in Special Application No. 7813 of 2010
5. Special Leave Petition along with Affidavit
6. ANEXXURE – P1
True and correct copy of the order in I.A. No. 71 A and other connected I.A.s dated 7.10.2009 passed by this Hon’ble Court in Writ Petition (C) No. 1022/1989
7. ANEXXURE – P2:
True and correct copy of the Letter No. 1083/2009 dated 27.11.2009 sent by State of Gujarat.
8. ANEXXURE – P3:
True and correct copy of the affidavit dated 18.12.2010 in Special Civil Application No. 7813 of 2010 filed before High court of Gujarat
9. ANEXXURE – P4:
True and correct copy of the affidavit dated 18.12.2010 in Special Civil Application No. 7813 of 2010 filed before High Court of Gujarat.
10. ANEXXURE – P5:
True and correct copy of Resolution dated
7.5.2011
11. ANEXXURE – P6:
True and correct copy of the Additional Affidavit dated 13.6.2011 filed in Special Civil Application No. 7813 of 2010 before High court of Gujarat.
12. ANEXXURE – P7 (Colly):
True and correct copy of the (i) affidavit dated 27.7.2011 in Special
CivilApplication No. 7813 of 2010 filed before
Gujarat High Court (ii) Notification dated 26.7.2011
13. ANEXXURE – P8:
True and correct copy of the charts in respect of Various courts in State of Gujarat
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