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SCA/11184/2009 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11184 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Sd/-
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ? 1 to
5 : NO
=========================================================
SHRIMALI
ASHOKKUMAR MOTILAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
SK GADHAVI for
Petitioner(s) : 1,
MS MANISHA NARSINGHANI ASSTT GOVERNMENT PLEADER
for Respondent : 1,
MR HS MUNSHAW for Respondent(s) :
2-4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 15/01/2010
ORAL
JUDGMENT
1. Rule.
Learned counsel for respondents waive service. The petitioner has
sought the benefit of higher pay scale upon completion of nine years
of service, with effect from 26.03.1994, even as he was granted such
benefit from 10.03.2000. The latter date was granted on the basis of
the petitioner’s service under respondent No.3 and his earlier
service in Kutch district was disregarded. Such earlier service
commencing from 26.03.1994 was required to be considered for grant of
higher pay scale and inter-district transfer of the petitioner from
Kutch to Banaskantha was required to be ignored, according to the
petitioner.
2. Learned
counsel Mr.H.S.Munshaw, appearing for respondents No.2 to 4, fairly
conceded that the issue arising in this petition is squarely covered
by two recent decisions of this Court in SCA No.1081 of 2009 dated
24.03.2009 and SCA No.1446 of 1994 and other allied matters dated
12.03.2009. Following the precedents, the petition is allowed and the
respondents are directed to grant the benefit of first higher pay
scale to the petitioner from 26.03.1994 as prayed. The arrears of
difference of salary shall be paid to the petitioner latest by
26.02.2010 and calculation of arrears shall also be furnished to the
petitioner. In case payment is not made by that date, the total
amount due to the petitioner shall be paid with interest at the rate
of 12% per annum for the subsequent period of delay. Rule is made
absolute accordingly with no order as to costs. Direct service.
Sd/-
(
D.H.Waghela, J.)
(KMG
Thilake)
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