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LPA/1388/1996 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1388 of 1996
In
SPECIAL
CIVIL APPLICATION No. 2015 of 1982
For
Approval and Signature:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
S.S.PARMAR
& OTHERS
Versus
STATE
OF GUJARAT & OTHERS
======================================
Appearance :
Mr
Paresh Upadhyay for Appellants
Mr N.J. Shah, Assistant
Government Pleader for the
Respondents
======================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 17/02/2010
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
This
appeal is directed against the judgment and order dated 15th
July 1996 passed by the learned Single Judge in Special Civil
Application No.2015 of 1982 whereby the learned Single Judge rejected
the petition filed by the petitioners.
After
acceptance of the recommendations of Desai Pay Commission the same
were given effect from 1st January 1973 and the same were
given legal form by framing Gujarat Civil Services (Revision of Pay)
Rules, 1975. The aforesaid Rules were published in the Gazette on
21st October 1975. The appellants were appointed as
Assistants on or after 29th November 1975. The effect of
recommendations of the earlier Pay Commission came to an end on 31st
December 1973. The petitioners therefore filed the petition before
the learned Single Judge claiming the benefit based upon the
Resolution dated 4th August 1969. The petition was
rejected by the learned Single Judge holding that none of the legal
rights of the petitioners has been infringed.
Heard
learned counsel for the parties. The appointment of the appellants
was made admittedly after 21st October 1975 without the
Rules specifying that a particular pay scale would be admissible to
the Legal Assistants and the provisions for payment of advance
increments, which was earlier in vogue was recalled by the subsequent
Resolution. The petitioners were appointed pursuant to the Rules,
which were published in the Gazette on 21st October 1975
and in these Rules there was no provision for making any advance
increments. While they were appointed, they were given the benefit
of higher start, but that was under misconception and error. The
learned Single Judge has noted that such higher start, as has been
given, was rightly withdrawn by the State authorities because, when
the petitioners were appointed in the year 1975 there was no
provision giving higher start and Gujarat Civil Services (Revision
of Pay) Rules, 1975 did not make any provision. In that view of the
matter, calling of higher pay scale as higher start to the
petitioners has been held to be proper and we do not think any
illegality has been committed by the learned Single Judge.
The
appeal has no force. Hence, the same is dismissed.
(Bhagwati
Prasad, J.)
(Bankim
N Mehta, J.)
*mohd
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