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2022 Supreme(Guj) 180

BIREN VAISHNAV
Patel Ambaben Laxmanbhai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ramnandan Singh, Advocate.
For the Respondents: Meet Thakkar, Asst. Government Pleader.

JUDGMENT :

Biren Vaishnav, J.

1. Both the learned counsels for the parties agreed that the matters be taken up for final hearing and therefore the petitions are taken up for final hearing today.

2. Rule returnable forthwith. Mr. Meet Thakkar learned AGP waives service of notice of rule on behalf of respondents No. 1 & 2. Though served none appears for respondent No.3.

3. By way of these petitions, under Article 226 of the Constitution of India, the petitioners working as Mukhya Sevikas have prayed to quash and set aside the impugned orders dated 01.12.2018/14.02.2019 by which their case for considering and extending the benefits of the first higher pay scale of Rs. 2000-3500 on completion of nine years of service from their initial date of appointment has been rejected.

4. For the purposes of the present judgment, facts of Special Civil Application No. 6973 of 2019 are referred to.

4.1. The case of the petitioner is that she was appointed as Mukhya Sevika (Class-III) after due selection on 04.09.1982 and she has been performing the duties of Mukhya Sevika since then. The case of the petitioner is that she is entitled to the benefits of higher pay scale in accordance with the Government R

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