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2021 Supreme(Guj) 932

A.S.SUPEHIA
Mohanbhai Sonaji Purohit – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR NIRAD D BUCH, MRS. BHAVINI N. BUCH
For the Respondent:MR SAHIL TRIVEDI, MR GM JOSHI, SENIOR ADVOCATE FOR MS PJ DAVAWALA

JUDGMENT :

1. By way of this petition, the petitioners have challenged the legality, validity, propriety and correctness of the communication dated 08.01.2019 and 29.04.2019. The impugned communications have been issued under the Government Resolution dated 18.02.2011 issued by the Finance Department of State of Gujarat, by which;

    [a] the respondent no.2 has been directed to fix pay of the petitioners in the pay scale of Rs.5200-20200 with grade pay of Rs.2000 instead of Rs.2400;

[b] to cancel the grade pay of Rs.2400 on the ground that it was erroneously fixed by the respondent no.3; and

[c] the proposal forwarded by respondent no.2 for approval of grade pay of Rs.2400 has been refused by respondent no.3.

2. The brief facts of the case are as under:-

2.1. The petitioners were appointed on the isolated posts of Drivers against the sanctioned set up of the High Court of Gujarat on different dates ranging from January, 1991 to February, 2001. The initial pay of the post of drivers was Rs.950-1500. The pay scale was revised from Rs.950-1500 to Rs.3050-4590 with effect from 01.01.1996 as per the fifth pay commission. Accordingly, the pay of the eligible petitioners was revised in the above

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