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BIREN VAISHNAV, PRANAV TRIVEDI
State of Gujarat – Appellant
Versus
GK Prajapati – Respondent
JUDGMENT :
Biren Vaishnav, J.
1. This appeal, under Clause 15 of the Letters Patent, has been filed by the State on being aggrieved by the oral judgement dated 22.01.2016 passed by the learned Single Judge. The learned Single Judge by the order under challenge acceded to the petitioner’s request for pay protection.
2. Facts in brief are as under:
2.1 The respondent was working on probation on the post of Lecturer of Electrical Engineering, Class-II in Government Polytechnic in the pay scale of Rs.2200-4000 since 29.06.1995. The GPSC invited applications for recruitment for the post of Junior Assistant Electrical Inspector, Class-II in the pay scale of Rs.2000-3200. The original petitioner – respondent herein applied with the permission of the department. Pursuant to the process of selection, he was selected on the said post.
2.2 On 29.03.1997, the Government of Gujarat issued an order appointing the petitioner on the post of Senior Electrical Inspector. Apparently, since the pay scale on the post on which he was subsequently appointed was lower i.e. Rs.2000-3200 whereas that of the previous post on which the respondent was working was of Rs.2200- 4000, the petitioner requested that his
The judgment establishes the principle of protecting past service and pay for government employees joining new posts without a break in service, as per Rule 41 of BCSR and relevant government resolut....
The main legal point established in the judgment is the interpretation and application of Rule 23 of the Gujarat Civil Services (Pay) Rules, 2002 in the context of pay protection for employees transi....
The court ruled that recruitment rules existing at the time of advertisement govern terms of appointment, and any retrospective application of subsequent rules is unconstitutional and violates the pr....
The court established that pay protection provisions apply equally to employees transitioning from Central to State services, emphasizing the need for equitable treatment under the law.
The main legal point established is that the DOP&T OM dated 07.08.1989 aims to protect the 'basic salary' plus 'dearness allowance' of candidates recruited from Public Sector Undertakings.
Notional pay revisions in prior PSU employment, effective before resignation and certified in last pay certificate, entitle protection and refixation in new Central Government post under FR 21/22, tr....
Pay protection under Bihar Service Code Rule-78 is restricted to State Government employees and not applicable to Central Government employees joining through fresh recruitment.
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