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2022 Supreme(SC) 467

AJAY RASTOGI, SANJIV KHANNA
Rushibhai Jagdishbhai Pathak – Appellant
Versus
Bhavnagar Municipal Corporation – Respondent


Advocates appeared:
For the Petitioner(s):Nachiketa Joshi, Sucheta Joshi, Himadri Haksar, Medhavi Mishra, Advocates
For the Respondent(s):Aastha Mehta, Vishakha, Deepanwita Priyanka, Advocates

JUDGMENT :

Sanjiv Khanna, J.

Leave granted.

2. This common judgment decides the afore-stated appeals filed by the employees of the Bhavnagar Municipal Corporation,1[Hereinafter the ‘respondent-Corporation’.] who have challenged the judgment dated 13th June 2019 of the Division Bench of the High Court of Gujarat at Ahmedabad, whereby the appeal filed by the respondent-Corporation was partially allowed, in view of delay and laches on the part of the appellants in approaching the court, by restricting the grant of higher pay-scale of Rs.5,000-8,000/-,2[Revised to 9,300-34,800 in terms of the 6th Pay Commission] with consequential benefits from the date of the judgment of the Single Judge on 31st July 2018. Prayer of the appellants for recovery of arrears from 2010 was declined. The respondent-Corporation, it has been held, would not be required to refund any amount that they have recovered from the appellants pursuant to the order dated 28th October 2010.

3. The appellants, who were initially appointed to the post of ‘Junior Clerk’ on an ad hoc basis, were made permanent on the post of ‘Data Entry Operator’ in the Computer Department of the respondent-Corporation in the pay-scale of Rs.4,


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