Back
VAIBHAVI D. NANAVATI
Hitesh Devjibhai Vaghela Assistant Registrar – Appellant
Versus
State Of Gujarat Thro Secretary – Respondent
JUDGMENT :
1. By way of present petition invoking Article 226 of the Constitution of India, the petitioners herein have prayed for the following reliefs:
(AA) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside order dated 8.12.2022 passed by the respondent no.1 and direct the respondents to grant pay scale of Rs.15600-39100 to the petitioners under the 6th Pay Commission and pay arrears accordingly forthwith.
(B) That this Hon’ble Court, be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the Respondents to pay the petitioners the arrears of salary as per the recommendations of the 6th Pay Revision since 1st January, 2006 with interest accrued thereon.
(C) That this Hon’ble Court be pleas
The court emphasized the principle of equal pay for equal work, ruling that the petitioners were entitled to the same pay scale as their counterparts in other universities due to administrative error....
Legal entitlement to pay scales depends on prescribed qualifications, emphasizing adherence to natural justice principles in administrative decisions.
The central legal point established in the judgment is the entitlement of the petitioner to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission,....
An administrative error in recruitment does not create enforceable rights for employees regarding pay scales.
Employees of educational institutions are entitled to pay scales as per government regulations, regardless of management claims of financial incapacity or improper appointment procedures.
Appointment of the petitioner and the re-designation are concerned, both the issues have been given a quietus by this Court. It is not that the State Government was not aware about the appointment so....
The Pay Verification Cell lacks authority to unilaterally modify pay scales set by statutory committees, affirming the jurisdiction of University committees in pay fixation.
Points Of Law : Any amounts paid to appellants under order of the Principal dated or even under the order of learned Single Judge (if any) will not be sought to be recovered from appellants.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
