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SCA/9387/2010 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9387 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.L.DAVE
=========================================================
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 ?
=========================================================
DHARMENDRABHAI
KARSHANBHARTI GOSWAMI - Petitioner
Versus
STATE
OF GUJARAT & 2 - Respondents
=========================================================
Appearance
:
MR
SK GADHAVI for
Petitioner.
MR NIRAG PATHAK, ASSTT.GOVERNMENT PLEADER for
Respondent : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 16/08/2010
ORAL
JUDGMENT
Rule.
Learned A.G.P. Mr. Pathak waives service of notice of rule for
respondent No.1. Having regard to the facts of the case, the
petition is taken-up for final disposal today.
2. The
question that arises in this petition is, whether an employee, who is
transferred from one District to another, would be entitled for
continuity of service for the purpose of grant of higher grade
pay-scale.
3. Heard
the learned advocate Mr.Gadhavi for the petitioner and learned
A.G.P.Mr.Pathak for the State.
4. This
very question arose before this Court in Special Civil Application
No. 1446/1994 and allied matters, where a coordinate Bench of this
Court, by judgment dated 12.03.2009, has answered the question in the
affirmative.
5. There
is no dispute amongst the parties before this Court that if the
petitioner’s service at the Districts where-from he came to be
transferred, is considered, he would be eligible to the benefits of
higher grade pay-scale as per the Resolution. In this view of the
matter, the case is squarely covered by the said judgment.
6. This
petition is, therefore, allowed. The services rendered by the
petitioner at the Districts from which he was transferred, shall be
taken into consideration by the respondent-authorities for computing
continuity of service for the purpose of grant of higher grade
pay-scale. Needless to add that the petitioner would be paid the
arrears of the benefits of higher grade pay-scale at the earliest,
preferably within a period of three months from the date of receipt
of writ of this judgment, but, not later than four months, in any
case. Rule is made absolute. D.S. Permitted.
[A.L.Dave,J.]
(patel)
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