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SCA/9057/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9057 of 2011
=========================================================
SUHASINI
JAYANAND FARMER - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MRHARDIKCRAWAL
for
Petitioner(s):1,MRSMHRAWAL for Petitioner(s) : 1
MR MAULIK
NANAVATI AGP for
Respondents
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/07/2011
ORAL
ORDER
1. Heard
learned advocate Mr.H.C.Raval for petitioner and learned AGP
Mr.Maulik Nanavati for respondents.
2. The
prayer made in this petition in Para.8(B) and (C) are as under :
“8(B) be
pleased to issue a writ of mandamus or any other appropriate writ,
order or direction by directing the respondents herein to grant the
benefits of higher pay scale in the scale of Rs.8000-13500/- to the
petitioner with effect from 31.7.1997 with arrears and all
consequential and incidental benefits and further be pleased to
direct the respondents to grant the benefits of second higher pay
scale to the petitioner and further be pleased to direct the
respondents to pay interest at the rate of 12% interest on
delayed payment of arrears for the period of 5.2.2002 to 17.6.2011.
(C) pending
admission, hearing and final disposal of this petition, be pleased to
direct the respondents herein to grant the benefits of higher pay
scale in the scale of Rs.8000-13500/- to the petitioner with effect
from 31.7.1997 with arrears and all consequential and incidental
benefits and further be pleased to direct the respondents to grant
the benefits of second higher pay scale to the petitioner and further
be pleased to direct the respondents to pay interest at the rate of
12% interest on delayed payment of arrears for the period of 5.2.2002
to 17.6.2011.”
3. In
view of aforesaid prayers made by petitioner, the petition preferred
by petitioner being SCA No.24865 of 2006 which came to be disposed of
on 2.6.2007 and that order has been confirmed upto Supreme Court,
even though legitimate benefit has not been extended in favour of
petitioner by respondents considering order dated 9.5.2011 (Page-20).
4. According
to petitioner, he is entitled the benefit of higher grade w.e.f.
31.7.1997. In stead of that, such benefit has been granted in favour
of petitioner by respondents w.e.f. 5.2.2002. Therefore, learned
advocate Mr.Raval submitted that whatever the delay has been occurred
in spite of the fact this Court has directed to respondents by order
dated 22.6.2007 the petitioner is entitled for interest upon the
arrears and difference of amount of higher grade benefit.
5. If
that be so, let petitioner may make detailed representation to
respondents within a period of 15 days from date of receiving copy of
present order.
6. As
and when respondents receive such representation from petitioner, it
is directed to respondents to consider and examine it on the basis
of earlier order passed by this Court, Division Bench of this Court
as well as Apex Court and then, to pass appropriate reasoned order
considering the claim of interest upon arrears and difference of
amount, within a period of 2 months from date of receiving such
representation from petitioner and communicate the decision to
petitioner immediately.
7. In
view of aforesaid observations and directions, present petitioner is
disposed of without expressing any opinion on merits. Direct service
is permitted.
[
H.K.RATHOD, J. ]
(vipul)
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