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VAIBHAVI D. NANAVATI
Sunil Kumar Chimanlal Vania – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Vaibhavi D. Nanavati, J.
1. Issue RULE, returnable forthwith. Ms. Suman Motla, learned Assistant Government Pleader waives service of Rule for and on behalf of the respondents – State.
2. Heard Mr. Sahil M. Shah, learned advocate for Mr. Rushabh R. Shah, learned advocate appearing for the petitioners and Ms. Suman Motla, learned Assistant Government Pleader appearing for the respondents- State.
3. By way of the present petition, petitioners herein have prayed for issuance of directions to the concerned respondents to revise the entry level pay of the petitioners by stepping up of the pay, so as to make the same to the entry level pay of the direct recruits.
4.1. Briefly stated that petitioners were working as Deputy Mamlatdars in the establishment of State of Gujarat at Vadodara. It is the case of the petitioners that the entry level pay of the direct recruits as well as of the Promotees to the post of Deputy Mamlatdar was the same, i.e. Rs.9300/- with the grade pay of Rs.4400/- as per the Notification dated 27.02.2009 r/w. Government Resolution dated 14.10.2010.
4.2. It is the case of the petitioners that, subsequently, by government resolution dated 14.09.2011, the entry level
The judgment established that pay disparities between promotees and direct recruits violate principles of equal pay, necessitating corrective measures under applicable pay revision rules.
The court established that pay discrepancies between senior and junior employees must be rectified to ensure equitable compensation as per the applicable rules.
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
Point of Law - Supreme Court has directed that the recovery from the employees belonging to the Class-III and IV service is “impermissible in law” and also if the same is effected after a period of f....
The main legal point established in the judgment is the entitlement of higher pay scale for Child Development Project Officers based on the 1983 Recruitment Rules and the 16.08.1984 Government Resolu....
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....
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