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BIREN VAISHNAV
NATVARLAL SHAMBHULAL VYAS – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
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. Mr. A.S. Asthavadi learned advocate for the petitioner states that the case of the petitioner is covered by the decision of this Court in case of Chunibhai Nanjibhai Bhanderi v. State of Gujarat rendered in Special Civil Application No. 9248 of 2022.
4. The above said decision reads as under:
2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.
3. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondent to grant the benefits of higher grade pay scale as per the GR dated 1.3.1993.
4. Mr. Asthavadi, learned counsel for the petitioners would draw the attention of the Court to the Oral Judgment dated 9.8.2016 passed in SCA No. 7071 of 1997 and allied m
Denying the benefits of higher grade scale as per Government Resolution dated 1.3.1993 would be illegal and arbitrary.
Denial of benefits under a government resolution must be in accordance with the law and should not be illegal or arbitrary.
The main legal point established in the judgment is that the withdrawal of benefits without providing an opportunity for the petitioner to be heard was unjust and improper, and the petitioner's entit....
The main legal point established in the judgment is the entitlement of higher pay scale for Child Development Project Officers based on the 1983 Recruitment Rules and the 16.08.1984 Government Resolu....
The main legal point established in the judgment is the entitlement of employees to a higher pay scale as per the Government Resolution dated 16.08.1994 and the recruitment rules, based on their resp....
The main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
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