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SCA/577420/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5774 of 2008
=========================================================
JASHANGLAL
GOPALDAS DHARANI - Petitioner(s)
Versus
DEPUTY
SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
BHARAT JANI for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
MR APURVA DAVE, AGP, for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/09/2008
ORAL
ORDER
1. The
petitioner has prayed for quashing and setting aside the impugned
decision of the respondents in not giving the benefit of pay fixation
taking into consideration the past services rendered by the
petitioner as per Government Resolution dated 24.1.1967.
2. The
petitioner was originally appointed as Assistant Lecturer (Civil
Engineer) in the Government Polytechnic, Dahod in the year 1976.
Thereafter he joined as Junior Engineer in the Public Works
Department in the year 1978. Later on the peitioner claimed
continuity of service, which came to be rejected by the respondent
authority.
3. Heard
the learned Advocates for the respective parties. The respondent has
filed reply in the matter.
4. The
petitioner has claimed the continuity of past service on the basis
that such benefit was given to one Mr. I.B. Mansuri and Mr. I.K.
Chaudhary. However, in the affidavit in reply the respondent has
categorically stated that as soon as the department came to know that
the pay of Mr. I.B. Mansuri and Mr. L.K. Chaudhary has been wrongly
fixed the respondent authority has vide letter dated 11.6.2008,
instructed to rectify the same. Therefore the basis on which the
claim made by the petitioner does not survive. Apart from that vide
letter dated 11th July 1986 the petitioner has been
informed that he will not be entitled for the benefits in question
as he has voluntarily opted for the post of lesser pay scale.
5. In
the premises aforesaid I do not find any merits in the petition. The
petition is therefore rejected.
[K.S.
JHAVERI, J.]
ar
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