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HEMANT M. PRACHCHHAK
Jyotikaben Dilipbhai Darji – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of present petition, under Articles 14, 16 and 226 of the Constitution of India, the petitioner has challenged order/communication dated 13.2.2012 passed by the Administrative Officer, Nagar Prathmik Sikshan Samiti, Vadodara whereby the representation made by the petitioner requesting the concerned authorities to rectify the mistake in taking into account the date of 1.2.2002 instead of 20.7.2001 while extending the benefit of Second Higher Pay Scale has been turned down.
2. With aforesaid grievance, the petitioner, in present petition, has prayed inter alia that:-
(B) Be pleased to issue appropriate writ, order or direction, quashing and setting-aside the communication/order dated 13.2.2012 made by respondent No.3 whereby the representation made by the petitioner for rectification of error crept up by the authorities while extending the benefit of 2nd higher pay scale w.e.f. 20.7.2001 instead of 1.2.2002 has been turned down and be pleased to hold that the petitioner is entitled to get the benefit of 2nd higher pay scale w.e.f. 28.7.2001 in the aforesaid peculiar facts and circumstances of the case;
(C) Be pleased to issue a
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 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 court upheld that all ACR entries must be communicated within a reasonable time, ruling that uncommunicated remarks cannot affect entitlements under service rules.
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....
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