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