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N. V. ANJARIA, NIRAL R. MEHTA
STATE OF GUJARAT – Appellant
Versus
PRADIP MAFATLAL SHAH – Respondent
JUDGMENT :
N.V. ANJARIA, J.
1. Heard learned Assistant Government Pleader Mr.Manan Mehta for the appellant State, learned advocate Mr.V.K.Joshi for the private respondent Nos.1 to 8 and learned advocate Mr.Hemang Shah for respondent No. 9.
2. By filing this Letters Patent Appeal under Clause 15 of the Letters Patent, the appellant State has called in question judgment and order dated 15.5.2008 of learned single Judge, whereby the petition came to be allowed and the benefits of higher scale came to be granted to the private respondents-original petitioners. The respondent No. 3 was directed to implement the orders in that regard and pay the arrears arising thereby.
3. In the petition, the petitioners prayed to direct respondent No. 3 authority to grant the higher grade pay scale to them as per the fixation made by the Registry of the High Court and disburse the arrears arising out of the fixation. In other words, the petitioner had challenged the communication of the respondent No. 3 Assistant Examiner, Local Audit Fund Office, whereby the audit objection was raised to deny the benefits of higher grade pay scale. The higher grade pay scale was under the Resolution dated 16.8.1994. In ca
The Resolution dated 16.8.1994 provided conditions for granting higher grade pay scale, and services not considered for fixing seniority could not be availed for earning the benefit of higher pay sca....
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....
Completion of service in the respective cadre is essential for entitlement to higher grade pay scales as per the Government Resolution.
The main legal point established in the judgment is that the withdrawal of benefits without a hearing and the refusal to grant the petitioner the entitled higher pay scale was unjust and improper.
Article 229 of the Constitution of India and the employees and staff members of the District Courts are governed by different rules. In the wake of above, they are entitled to higher grade pay-scale.
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....
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....
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