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2012 Supreme(Guj) 33

BHASKAR BHATTACHARYA, J.B.PARDIWALA
SHREE YOGKSHEM FOUNDATION FOR HUMAN DIGNITY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR YATIN OZA, SR. ADVOCATE WITH MR DJ BHATT for PETITIONER
MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS. SANGEETA
VISHEN, ASST. GOVERNMENT PLEADER for RESPONDENT: 1 - 4.
MR ANSHIN DESAI for RESPONDENT: 5,

JUDGMENT

1. By this Public Interest Litigation, the writ-petitioner has prayed forissue of appropriate writ, order and direction and thereby to quash and set aside the fixed-pay-condition imposed in the policy framed by the Finance Department by Resolutions KhRCh/2002/57/Z.1 dated February 16, 2006 and April 29, 2010 and to direct the respondent to pay minimum of the pay-scale available in the cadre of the employees who are appointed on regular permanent posts with deemed date effect in the interest of justice; or in the alternative, to direct the respondent to pay minimum wage to the fixed pay employees with corresponding effect of 6th Pay Commission with deemed date effect, i.e. January, 2006 with interest at 12%, in the interest of justice. The writ-petitioner has also prayed for quashing and setting aside the decision taken by the State Government dated February 24, 2011 and to direct the State Government to pay minimum wage to the fixed pay employees with corresponding effect of 6th Pay Commission with deemed date effect, in the interest of justice.

2. The case made out by the writ-petitioner may be summed up thus:

2.1 The Finance Department of the State Government has framedfi






























































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