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2022 Supreme(Guj) 526

BIREN VAISHNAV
Mudassir Aziz Ahmed Maniar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Hunaiza H. Qureshi, Mr. Ekrama H. Qureshi.
For the Respondent: Ms. Surbhi Bhati, AGP.

JUDGMENT :

1. Rule, returnable forthwith. Ms. Surbhi Bhati, learned Assistant Government Pleader waives service of notice of Rule for the respondents – State.

2. With the consent of the learned advocates appearing for the respective parties, both the petitions were taken up for its final disposal.

3. In both these petitions, under Article 226 of the Constitution of India, the petitioners have prayed for a direction that their services, ad-hoc as well as regular on the diploma side should be treated as continuous alongwith that of the degree side for the purposes of pay, leave, pension and other consequential benefits. The petitioners have also prayed that their pay on being appointed on the degree side as Assistant Professors be protected.

4. In SCA No.12824 of 2020, the respondents by communication dated 19.3.2015, 13.2.2017 and 27.6.2019 have rejected the case of the petitioner for protection of pay on the ground that since the petitioner was appointed from the diploma side to the degree side, and he was availing higher pay scale in his earlier post at the polytechnic side and by virtue of his appointment in the degree side since he is on lower pay scale post, the benefit of pay prot

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