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VAIBHAVI D. NANAVATI
J P Pathan – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. The petitioners herein came to be appointed in the Irrigation department as Clerk-cum-Typist in the year 1980 upon undergoing the regular selection mode. On 29.12.1998, the petitioners were rendered surplus and transferred to the Sales Tax Department afresh. The petitioners herein are constrained to approach this Court under Article 226 of the Constitution of India praying for reliefs such as promotion, higher grade in lieu of promotion considering their original post in the original department and has prayed for the following reliefs:
(AA) YOUR LORDSHIP be pleased to hold and declare that order dated 29-12-1998, rendering petitioners surplus and giving them fresh appointment in Sales Tax department is bad in law, discriminatory contrary t
Eligibility for promotion and higher grade scales must include all prior service, irrespective of department transfers, highlighting the unconstitutionality of arbitrary restrictions on seniority and....
The main legal point established in the judgment is that the seniority of employees appointed on a fixed wage basis should be counted from the date of their initial appointment post the period of fiv....
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....
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 refusal to accept a transfer does not negate entitlement to a higher pay scale after the requisite service period, especially when the posts are equivalent.
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