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2020 Supreme(Guj) 884

A.C.RAO
Shankarbhai Manjibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Vidita D. Jayswal.
For the Respondent: Mr. Trupesh Kathiriya.

ORDER :

1. By way of present petition, the petitioner has challenged the perverse and arbitrary orders dated 30.05.2015 and 20.09.2019 passed by the respondent authorities, not granting second higher pay scale.

2. The short facts leading to the present petitioner are that the petitioner was appointed with the office of the respondent authority on 26.12.1978 as Additional Assistance Engineer and retired from the same post on 30.06.2015. During the pendency of his service in the year 2001, a departmental inquiry was initiated against the petitioner for negligence of his duties and vide order dated 26.08.2005, passed by the respondent No. 1, the petitioner was exonerated from one of the three charges and the respondent authority has levied a penalty of reduction to lower pay scale for 2 years without future effect.

3. It is the case of the petitioner that the petitioner was eligible to get the second higher pay scale from the year 2002 after completion of 24 years in the service. Thereafter, the petitioner had made several requests so as to get the benefit. However, vide communication dated 30.05.2015 the respondent No. 1 herein had rejected the application of the petitioner for granting

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