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