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HEMANT M. PRACHCHHAK
Daxa C. Joshi D/o Chandulal Joshi – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The petitioner has preferred present petition, under Articles 14, 16 and 226 of the Constitution of India and challenged inaction on the part of the respondents with below mentioned prayers:
(B) issue appropriate writ, order or direction and be pleased to direct the respondent authorities to pass appropriate order for granting benefit of 2nd Higher Pay Scale to the petitioner i.e. the pay scale for the post of Assistant Nursing Director (Pay Scale of further Promotional post) w.e.f. 1/10/2010 and the 2nd Higher Pay Scale be ordered to be granted with 12% interest and further consequential benefits may be ordered to be paid to the petitioner accordingly.
(C) issue appropriate writ, order or direction and be pleased to hold that the action of respondent no. 4 authority of pressurizing the petitioner and using coercive tactics upon the petitioner for execution of writing for surrendering statutory right of the petitioner to get 2nd Higher Pay Scale, be declared as illegal, illogical, arbitrary and further be pleased to hold that the petitioner would be entitled to get the 2nd Higher Pay Scale irrespective of writing execute
The court emphasized the importance of challenging decisions of authorities and upheld the relevance of the resolution in determining entitlement to higher pay scales.
The central legal point established in the judgment is that the petitioner was rightly granted the Second Higher Pay Scale from 1.2.2002 based on her service history, stepping up benefits, and the re....
The court directed the reconsideration of the petitioner's eligibility for the second higher pay scale based on applicable government resolutions, emphasizing the need for a fresh decision within eig....
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 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....
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
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