ORDER :

1. The respondent herein was serving as a Live Stock Inspector under the petitioner-Rajkot District Panchayat. On his completion of 9 years of service in the said cadre, he was granted higher pay scale with effect from 01.06.1991 vide order dated 28.12.1992. The District Development Officer by his order dated 30.12.1998 directed withdrawal of the said benefit of higher pay-scale on the ground that the respondent refused to accept promotion. The order dated 15.05.1998 by which he was granted promotion as Extension Officer contained a condition that on refusal to accept the promotion, the higher pay-scale benefit would be cancelled.

1.1 Aggrieved by the aforesaid order dated 30.12.1998 cancelling/withdrawing the higher grade, the respondent approached the Gujarat Civil Services Tribunal, Gandhinagar by way of Appeal No. 131 of 1999. The Tribunal held that the withdrawal of higher pay scale was bad and allowed the appeal of the respondent and set aside the order dated 30.12.1998 and directed reimbursement of the financial loss suffered.

2. In the present writ petition, the aforementioned order dated 12/10/2001 of the Gujarat Civil Services Tribunal is challenged.

3. Learned advoca