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2022 Supreme(Guj) 356

BIREN VAISHNAV
Rajul P Bhatt – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Ketan A Dave
For the Respondent: Mr. Kurven Desai, AGP

JUDGMENT :

1. By an order dated 02.03.2022, the grievances raised by the petitioner were set out. The order dated 02.03.2022 reads as under :

    “1 Three fold grievances have been raised by the petitioner in the present petition.

2. Firstly, the petitioner has challenged the order dated 01.04.2021 by which, the benefits of the 6th Pay Commission with effect from 01.01.2006 to 10.05.2009 are sought to be recovered on the ground that the petitioner was not eligible to the same.

3. Mr.Ketan Dave, learned advocate for the petitioner, would submit that the petitioner’s initial appointment on ad-hoc basis was in a pay scale, there was no break in service inasmuch as, on being appointed on an ad-hoc Lecturer she continued to served on ad-hoc basis from 12.04.1993 to 10.05.2009 without a break. She joined the Degree College on 11.05.2009. In the order of recovery, reliance is placed on the communications dated 19.03.2015 (page 80) and 18.07.2020 (page 81).

4. This Court by an order dated 23.04.2021 has granted adinterim relief against the recovery. Mr.Dave, learned advocate for the petitioner would submit that in addition to the petitioner being entitled to the pay-scale on merits, the order of re

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