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2011 Supreme(Guj) 143

SUDHANSU JYOTI MUKHOPADHAYA, ANANT S.DAVE
S. A. JAFAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR GM JOSHI for Petitioners in SCA Nos. 2274 to 2283 of 2008. MR BIPIN I MEHTA for Petitioners in SCA No.8059 of 2009
MS TRUSHA K PATEL, AGP for Respondent(s): 1 - 2,
MR MB PARIKH for Respondent(s): 3,

JUDGMENT

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

In all these cases, as a common question of law is involved and similar prayer has been made, they were heard together and are disposed of by this common judgment.

2. The Regional Director of Municipalities, State of Gujarat, Rajkot, by order dated 9.10.2003 cancelled the pay and allowances as was granted to the employees of the Bagasara Municipality at par with the recommendations of the 5th Pay Commission and thereby the order of approval granted by order dated 9.11.1998 was set aside. Such order was passed in exercise of powers conferred under Section 260 of the Gujarat Municipalities Act, 1963. The order aforesaid having affirmed by the State of Gujarat, the employees of the Bagasara Municipality preferred these writ petitions challenging the aforesaid orders.

3. The brief facts of the case are as follows :

The State of Gujarat by its notification No. GN-2/PGR-1098-2-M dated 20.1.1998 issued the Gujarat State Service (Pay Revision) Rules, 1998 revising the scales of pay of the State employees as per the recommendations of the 5th Pay Commission. Subsequently by Resolution dated 2.6.1998, the State Government ord












































































































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