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2022 Supreme(Guj) 1764

A. Y. KOGJE
D. M. NIMAVAT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: GAUTAM JOSHI, VYOM H. SHAH.
For the Respondents: ROHAN SHAH, D.G. CHAUHAN.

JUDGMENT :

A.Y. KOGJE, J.

1. This petition under Article 226 of the Constitution of India is filed by the petitioner seeking direction to quash and set aside the order dated 27.03.2008 passed by the respondent No. 2 and further directed the respondents to grant UGC payscale of Rs.8000/- to RS.13,500/- to the petitioner from the date of his absorption on 01.01.2009 and also to treat the petitioner to have superannuated upon attaining the age of 60 years instead of 58 years and consequently revise the pensionary benefits with interest at the rate of 12% interest.

2. It is the case of the petitioner that the petitioner who was employee in the Government service and the department in which the petitioner was working was merged with the respondent No. 2 university and as the petitioner was having the qualification equivalent to the qualification of the teaching staff, he claimed to be entitled to the same pay-scale approved by the UGC and also to get all the benefits including enhanced date of retirement. The basis of the claim of the petitioner is that the petitioner was having the same qualification and has discharged the duty similar to that of the teaching staff which is given UGC scal

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