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SCA/5264/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5264 of 2008
With
SPECIAL
CIVIL APPLICATION No. 5281 of 2008
============================================
MEHBOOBBHAI
A. PATHAN - Petitioner(s)
Versus
MADRASA-E-ANJUMANE
ISLAM RUNS & MANAGES-HAJEE D.M.LOKHAT & 3 - Respondent(s)
============================================
Appearance
:
SPECIAL CIVIL
APPLICATION NO. 5264/2008
MR
JD AJMERA for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 3.
MR SATYAM CHHAYA ASST. GOVERNMENT PLEADER
for Respondent(s) : 4,
SPECIAL CIVIL APPLICATION NO. 5281/2008
MR
JD AJMERA for Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
MS ASMITA PATEL ASST. GOVERNMENT PLEADER for Respondent(s) :
4,
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/06/2008
ORAL
ORDER
Heard
learned advocates appearing for the parties.
The
finding of the Tribunal in the impugned order, reveal that higher pay
scale was granted to the petitioner by the authority due to its
mistake and not in any manner by the petitioner after suppressing the
facts.
Shri
Ajmera, learned advocate for the petitioner relies on the decision of
the Apex Court reported in (1994) 2 SCC 521 in the case of Shyam
Babu Verma and Ors. vs. Union of India and Ors. and (2007)
1 SCC (L&S) 508 in the case of Purshottam Lal Das and Ors. vs.
State of Bihar and Ors. in case of grant of higher pay scale by
the authority without misrepresentation on the part the employee and
no fault of theirs, it shall only be just and proper not to recover
any excess amount already paid to them.
In
view of the above, Rule.
Interim
relief with regard to that no recovery of the excess amount paid to
the petitioner till final disposal of this matter.
[ANANT
S. DAVE, J.]
//smita//
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