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2022 Supreme(Guj) 725

Sudhaben Laxamanbhai Chaudhari D/o. Laxmanbhai Chaudhari – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
Himanshi R.Balodi, Hemal A.Dave, Kurven Desai, Advocates

JUDGMENT :

1. RULE returnable forthwith. Mr. Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent State.

2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

3. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed as under :

    "(A) Your Lordship may be pleased to issue a writ of mandamus or any other writ, by directing the respondents to grant the benefits of higher pay scale of Rs.2000-3500/- to the petitioner after completion of 9 years of service i.e. 19.8.1991 instead of 28.11.1996 and grant her consequential revised retiral benefits accordingly.

(B) Be pleased to hold that the petitioner is entitled to grant of Rs.2000-3500 instead of 1640-2900 as first higher grade pay scale from the date of completion of 9 years of service, and further higher grade scale on completion of requisite length of service in terms of government Resolutions governing grant of higher pay scale and accordingly revise her pay and retirement benefits with interest @ 9% per annum."

4. Heard Ms. Himanshi Balodi learned advocate for the petitioner and Mr. Kurven Desai learned AG

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