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2022 Supreme(Guj) 1056

BIREN VAISHNAV
Kureshi Sarifaben Amirbhai D/o. Amirbhai Kureshi – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Himanshi R. Balodi.
For the Respondents: Mr. Soaham Joshi, A.G.P., Ms. Harshal N. Pandya.

JUDGMENT :

1. RULE returnable forthwith. Mr.Soaham Joshi learned AGP waives service of notice of Rule on behalf of the respondent Nos.1 to 3 and Ms. Harshal Pandya learned advocate waives service of notice of Rule on behalf of the respondent No.4.

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

3. Ms.Himanshi Balodi learned advocate for the petitioner relies on the decision of this Court rendered in Special Civil Application No.10493 of 2020 and submits that this matter will also be governed by the said decision.

4. Mr.Soaham Joshi learned AGP for the State would submit that based on the reply filed, it is evident that the benefit of the higher pay scale cannot be granted as a matter of entitlement. He would rely on the Recruitment Rules known as the Child Development Project Officer Recruitment Rules dated 16.10.1983 and submit that the higher pay scale has to be granted in accordance with the schedule of the Government Resolution dated 16.08.1984.

5. Judgement rendered by this Court dated 03.10.2022 passed in Special Civil Application No.10493 of 2020 reads as under:

    “1. Rule returnable forthwith. Mr. Kurven Desai,

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