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2014 Supreme(Guj) 145

G.R.UDHWANI
PRABHUDAS C. BAROT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
IN SCA NOS.13590/2013, 4106/2014, 15094/2013 & 15705/2013
MR SHALIN MEHTA, LEARNED SENIOR ADVOCATE WITH MR BHARGAV HASURKAR, ADVOCATE for the Petitioner(s) No. 1 -13 MR PK JANI, ADDITIONAL ADVOCATE GENERAL WITH MR RONAK RAVAL, AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 1 -3 RULE SERVED BY DS for the Respondent(s) No. 1 – 3
IN SCA NO.3202/2014
MR S.N. SHELAT, LEARNED SENIOR ADVOCATE WITH MRS VD NANAVATI, ADVOCATE for the Petitioner Nos.1 – 3 MR PK JANI, ADDITIONAL ADVOCATE GENERAL WITH MR RONAK RAVAL, AGP for the Respondent-State

JUDGMENT :

1. This group of petitions involves common questions of law inter alia as to whether the Government Servants, who retired before 01.01.2006 with higher grade pay-scales, can be paid a revised pension in terms of 6th Pay Commission, on the basis of post they held, though recommendation made by the 6th Pay Commission as accepted by the State recommended the revised pay-scales on scale to scale basis ?

2. The facts, in each of the petitions, are as under:

3. Special Civil Application Nos.13590/2013, 4106/2014, 15094/2013 and 15705/2013:

3.1 The petitioners are retired Lecturers (Selection Grade) who were employed with Grant-in-Aid Colleges/Government Colleges and University, State of Gujarat. They have been drawing regular pension as recommended by the 5th Pay Commission as per the Government Resolution dated 01.11.2000.

3.2 On 13.04.2009, the Government of Gujarat came out with a notification revising the pension of the pensioners. The said resolution is based upon the recommendation of the 6th Pay Commission. According to the recommendation of the 6th Pay Commission, the pension for the pensioners, arrived at in accordance with the formula suggested therein, cannot be less























































































































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