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SCA/9570/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9570 of 2010
=========================================================
NITIN
B PANDYA - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RV DESAI for
Petitioner(s) : 1,
MS CM SHAH AGP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 25/08/2010
ORAL
ORDER
By
way of this petition, the petitioner has prayed for the following
reliefs :-
(A) This
Hon’ble Court may be pleased to issue a writ of mandamus or any other
appropriate writ, order and/or direction directing the respondents
herein to release all the benefits of Second Higher Pay Scale on
completion of 24 years of service of the petitioner i.e. with effect
from 6.1.2003 and to decide the incidental issued in accordance with
the respondent No.1 order dated 30.4.2008 for granting Higher Pay
Scale benefits.
(B) The
Hon’ble Court may be pleased to declare and hold that action of the
respondent No.1 & 2 herein in not releasing the benefits of
Higher pay Scale and adopting discriminating treatment as bad in law
and violative of the policy of the respondents.
(C) Pending
admission, hearing and final disposal of this petition, the Hon’ble
Court may be pleased to direct the respondents by way of ad-interim
relief.
(a) to
fix the pay of second Higher Pay Scale with effect from 1.4.2010 and
(b) to
release the accrued benefits of Higher Pay scale as admissible in
accordance with law in view of the respondents order dated 30.4.2008.
(D) this
Hon’ble Court may be pleased to pass such other and further order/s
as may be deemed necessary.
2. Pending
inquiry, the petitioner has been denied the second higher grade pay
scale. The respondents cannot take advantage of their own delay. If
the petitioner cooperates in the departmental inquiry, the inquiry be
completed within six months from the date of receipt of the order of
this Court.
3. The
petition stands disposed of accordingly.
4. It
will be open for the petitioner to claim higher pay scale after the
departmental inquiry is over.
Direct
service is permitted.
(K.S.
JHAVERI, J.)
zgs/-
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