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SCA/15509/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15509 of 2011
=========================================================
KIRITKUMAR
HIMMATLAL BAVISI - Petitioner(s)
Versus
REGIONAL
HEAD & 4 - Respondent(s)
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Appearance :
MR
DHAWAN M JAYSWAL for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
5.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/10/2011
ORAL
ORDER
Heard
learned Advocate Mr. Dhawan M. Jayswal for the petitioner.
It
is submitted that the impugned orders dated 22.07.2011 and
26.07.2011 passed by the respondent authorities ordering recovery of
payment of higher grade to the petitioner from his salary is passed
without following principle of natural justice. No notice was also
issued to the petitioner.
In
the above circumstances, why the expenses of litigation undertaken
by the petitioner for taking recourse of this Court invoking
jurisdiction under Article 226 of the Constitution of India be not
recovered from the salary of the authority passing the order without
complying with the principle of natural justice and particularly
when earlier higher payscale was granted since 27.12.1983 and
continued to be revised accordingly.
In
view of the above, issue RULE returnable on 20th
December, 2011. Meanwhile, there shall be no
implementation, execution and operation of the orders dated
22.07.2011 and 26.07.2011 passed by the respondent authorities and
the petitioner shall be paid his salary on the basis of the higher
payscale sanctioned pursuant to the order dated 27.12.1983 and
thereafter.
Direct
Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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