IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION No 3066 of 2002
in
SPECIAL CIVIL APPLICATIONNo 7261 of 1998
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ROHIT BHIKHABHAI VALABHAI
Versus
STATE OF GUJARAT
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Appearance:
1. Civil Application No. 3066 of 2002
MR NK MAJMUDAR for Petitioner No. 1
GOVERNMENT PLEADER for Respondent No. 1
RULE SERVED for Respondent No. 2-3
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CORAM : MR.JUSTICE A.L.DAVE
Date of Order: 29/06/2002
ORAL ORDER
Heard learned Advocate Mr. N.K.Majmudar for the
applicant and Mr. Desai, learned AGP for the respondent.
The dispute in the main petition is regarding
some benefits that are claimed by the applicant, which
are available to trained teachers. The case of the
opponent is that the applicant is not entitled to the
benefit of a trained teacher. Now pending this
litigation, according to the applicant certain benefits
are granted to untrained craft teacher in which category
the petitioner falls and the applicant is denied those
benefits by the opponent authorities on account of
pendency of this petition.
When there is no dispute about the fact that the
applicant was in the category of untrained teacher, if
some benefits are accorded to that category of teachers,
it would not be proper if they are denied to the
applicant only because of pendency of this petition.
This application therefore deserves to be allowed by
directing the opponent authorities to consider the case
of the petitioner for grant of the benefit of first
higher pay-scale on the basis of the pay-scale of
untrained craft teacher and to pay the difference of
salary to the applicant petitioner, if otherwise he is
found to be entitled to the same. The petitioner shall
make an application/representation in this regard within
two weeks from today and the opponent authorities shall
decide such application/representation in accordance with
law within four weeks from the date of receipt of such
application/representation, without being influenced by
the fact that this petition is pending. With the above
direction this application is allowed and disposed of
accordingly. Rule is made absolute with no order as to
costs. Direct service permitted.
(A.L.Dave, J.)
*/Mohandas