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2003 Supreme(Guj) 705

J.N.BHATT
STATE OF GUJARAT – Appellant
Versus
MULCHANDBHAI LAVJIBHAI PATEL – Respondent


Advocates Appeared: HARSHA N.DEVANI, I.S.SUPEHIA

J. N. BHATT, J.

( 1 ) ADMIT. Mr. I. S. Supheia, learned Advocate, waives notice of admission on behalf of the respondents. The sole question, which has emerged for our consideration and adjudication in this Letters Patent Appeal under Clause 15 of the Letters Patent is, as to whether the requisite period of service in the same Grade / Scale for the purpose of earning benefit of Higher Grade / Scale is to be considered in the same district or the period of service in more than one district in the same cadre in the same scale is to be counted and clubbed in terms of the provisions of para 3 (2) of the Resolution of the Government dated 16-08-1994, to which our unambiguous and explicit answer is that the requisite period to be counted is not only of particular district in the same cadre and scale, but also the period spent in a district on transfer and even at the request of the employee.

( 2 ) THE appellants in this Letters Patent Appeal have assailed the judgment of the learned Single Judge rendered in Special Civil Application No. 10469 of 1999 whereby the respondents-original petitioners, who are the employees of the Home Department and working as Police Constables, were granted t











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