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SCA/4225/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4225 of
2011
=========================================================
GOHEL
HIRENKUMAR JAYANTILAL & 4 - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 5 - Respondent(s)
=========================================================
Appearance
:
MR.
SHALIN N. MEHTA FOR MR. NACHIKET D MEHTA
for
Petitioner(s):1 - 5.
GOVERNMENT PLEADER for Respondent(s) :
1,
None for Respondent(s) : 2 -
6.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 01/04/2011
ORAL
ORDER
Heard
Mr. Shalin N. Mehta, learned advocate for Mr. Nachiket D. Mehta,
learned advocate for the petitioners. It is submitted that the
appointments of the petitioners as Assistant Teachers in schools for
disabled children, have been approved by the State Government, by
order dated 13.06.2006, whereby, as per provisions of the Government
Resolution dated 16.02.2006, they are to get fixed salary of
Rs.3,500/-(Rupees Three Thousand Five Hundred) per month. In a
petition filed by other Teachers who were getting a fixed salary of
Rs.2,800/- (Rupees Two Thousand Eight Hundred) under Government
Resolution dated 15.09.2000, this Court, in Special Civil Application
No.13704 of 2010, passed order dated 14.10.2010, directing the
respondents to pay those persons as per Government Resolutions dated
16.02.2006 and 29.04.2010 from the month October, 2010, payable in
November, 2010. It is further urged that instead of complying with
the said order, the respondents have reduced the fixed pay of the
petitioners from Rs.3,500/- per month to Rs.2,800/- per month, by
applying Government Resolution dated 15.09.2000, even though the
petitioners have been appointed under Government Resolution dated
16.02.2006. The learned advocate for the petitioners further submits
that before reducing the fixed pay of the petitioners, they were
neither given any show-cause notice, nor an opportunity of being
heard.
Notice,
returnable on 22.04.2011.
Ad-interim
relief in terms of paragraph 21-F is granted, till then.
The
learned Assistant Government Pleader may file the
affidavit(s)-in-reply, especially on behalf of respondent No.2, by
the next date of hearing.
In
addition to the normal mode of service, Direct Service is also
permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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