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LPA/789/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 789 of 2008
In
SPECIAL
CIVIL APPLICATION No. 12721 of 2007
with
LETTERS
PATENT APPEAL No. 790 of 2008
In
SPECIAL
CIVIL APPLICATION No. 12722 of 2007
with
LETTERS
PATENT APPEAL No. 791 of 2008
In
SPECIAL
CIVIL APPLICATION No. 29773 of 2007
With
CIVIL
APPLICATION No. 9189 of 2008
In
LETTERS PATENT APPEAL No. 789 of
2008
with
CIVIL
APPLICATION No. 9190 of 2008
In
LETTERS
PATENT APPEAL No. 790 of 2008
=========================================================
DISTRICT
DEVELOPMENT OFFICER & 1 - Appellant(s)
Versus
DEVENKUMAR
RAMESHCHANDRA YAGNIK & 1 - Respondent(s)
=========================================================
Appearance
:
MR
HS MUNSHAW for
Appellant(s) : 1 - 2.
MR BALKRISHNA ACHARYA for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 06/10/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
These
three Appeals preferred under clause 15 of the Letters Patent arise
from the judgment and order dated 12th February, 2008 and
29th February, 2008 passed by the learned Single Judge in
above writ petitions.
The
common question that arises is, whether the writ petitioners who had
sought inter district transfer are entitled to higher pay scale on
completion of nine years’ service including the services rendered in
the parent district. The matter is no more res integra. The
question has been decided by this Court time and again. No case for
interference is made out.
Mr.
Munshaw has, however, appeared for the appellants and relied upon the
Government Resolution dated 15th July, 2004. He has
submitted that in view of the aforesaid Government Resolution dated
15th July, 2004, those who have sought inter-district
transfer, are not entitled to higher pay scale on the basis of total
services rendered in both the districts. We are unable to agree with
Mr. Munshaw. The resolution speaks of repatriation of such employees
to their parent district. Further, the Government Resolution has not
been made retrospective. It
would only mean that those employees who seek inter district transfer
after 15th July, 2004, are not entitled to count
their earlier service for the purpose of higher pay scale. But, in
case of transfers which were already made prior to 15th
July, 2004, such condition cannot now be introduced. For such cases,
the Government Resolution provides for re-transfer to the parent
district. In case of the
present respondents, the concerned authority may repatriate them to
the parent district. However, they cannot be denied the benefit of
higher pay scale on the basis of their total service.
In
above view of the matter, the Appeals are dismissed. Civil
applications stand disposed of.
[Ms.
R.M.DOSHIT, J.]
[K.M.THAKER,
J.]
shekhar/-
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