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SCA/14652/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14652 of 2010
=========================================================
BIPINKUMAR
HRIDAYANAND PATHAK - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Petitioner(s) : 1,
MR. SHARMA, ASST. GOVERNMENT PLEADER for
Respondent(s) : 1 - 2.
NOTICE SERVED for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/07/2011
ORAL
ORDER
Heard
learned advocate Mr. N.K. Majmudar, appearing on behalf of petitioner
and learned AGP, Mr. Sharma, appearing on behalf of respondent no.1.
I
have considered submissions made by both the learned advocates. I
have also considered prayer made by present petitioner in petition
and also considered the grievance voiced in present petition. Let for
that, present petitioner may make detailed representation giving all
details to respondents within a period of one month from the date of
receiving copy of present order.
As
and when respondents receive such representation from petitioner, it
is directed to respondents to reexamine and reconsider the grievance
voiced in present representation as per Government Resolution and
also to consider one fact that petitioner is selected candidate from
GPSC and entitled for benefits of higher pay scale as per Tikku
Commission and then to pass appropriate reasoned order in accordance
with Government Resolution within a period of three months from the
date of receiving such representation from petitioner.
Learned
AGP, Mr. Sharma, appearing on behalf of respondent no.1 receive one
letter from Under Secretary of Health & Family Welfare Department
dated 21st January,2011. In the said letter it is
mentioned that in such kind of cases,the officers those who are
entitled for first, second and third higher pay scale as per Tikku
Commission, for that on the basis of merit / seniority, a proposal
has been made and such aspects are under consideration of the State
Government. Therefore, according to learned AGP, the grievance which
has been voiced in present petition, are under consideration of the
State Government. Therefore, let that proposal which has been
received by Health & Family Welfare Department from petitioner
may consider it after examining the grievance of present petitioner
and then to decide it as per direction issued by this Court and
communicate decision immediately to petitioner.
In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
However, it is made clear in case, if ultimate decision is adverse to
petitioner, then it is open for petitioner to challenge the same
before appropriate Forum in accordance with law. However, it is
further clarified by this Court that if positive stand or decision is
taken in favour of petitioner then it is immediately to be
implemented and extended in favour of petitioner. Direct service is
permitted.
(H.K.RATHOD,J.)
Vahid
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