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2022 Supreme(Guj) 1123

BIREN VAISHNAV
Sheelaben D. Upadhyay Wife Of Dipakkumar Upadhyay – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Ms. Himanshi R. Balodi.
For the Respondents: Mr. Kurven Desai.

JUDGMENT :

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of rule on behalf of respondents.

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

3. Ms. Balodi, learned counsel for the petitioner would rely on Common Oral Judgment passed in similar matter by this Court namely; Special Civil Application No.5526 of 2021 and allied matters dated 03.08.2022 so far as second higher pay scale. Moreover, in such judgment, reference of Special Civil Application No.5170 of 2019 dated 15.07.2022 which covers the issue of first higher pay scale. She further requested this Court to pass a similar order in this matter too. The order dated 03.08.2022 reads as under:

    “1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP waives service of notice of rule on behalf of respondent State.

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

3. These petitions pray for the benefit of second higher pay scale on completion of 24 years of service. It is not in dispute that the petitioners have bee

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