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SCA/9275/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9275 of 2011
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KAMLESHBHAI
BHARATBHAI SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
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Appearance :
MR
NK MAJMUDAR for Petitioner
Ms.
Megha Chitaliya, AGP, for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
MR ARPIT A KAPADIA for Respondent(s) : 3 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/11/2011
ORAL
ORDER
Heard
the learned advocates for the parties.
Learned
advocate for the petitioner would submit that the recovery of arrears
of salary pursuant to grant of first higher pay-scale is illegal in
as much as no hearing was afforded to the petitioner and, in addition
to the above, the petitioner had not misrepresented or influenced the
Authorities to grant the higher pay-scale.
In
view of the above, the matter deserves consideration.
Rule
returnable on 21.12.2011.
In
the meanwhile, no recovery be effected pursuant to the impugned
order.
Learned
advocate Mr. Arpit A. Kapadia waives service of Rule on behalf of
respondent Nos. 3 and 4.
Direct
service to respondent Nos. 1 and 2.
(ANANT
S. DAVE, J.)
(swamy)
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