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NIRZAR S. DESAI
Bhartiben Nandkishor Dave – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(NIRZAR S. DESAI, J.)
1. Heard learned advocate Mr. Mehul Sharma for learned advocate Mr. Vyom Shah for the petitioner and learned AGP Ms. Nirali Sarda for the respondent – State.
2. With the consent of the parties, the matter was taken up finally. Hence, RULE returnable;e forthwith. Learned AGP Ms. Nirali Sarda waives service of notice of rule for and on behalf of the respondent – State.
3. By way of this petition, the petitioner has prayed for a direction to the respondent authorities to fix pay of the petitioner who has completed five years in the selection grade on 01.01.1996 at the stage of Rs. 14,940/- in the pay scale of Rs. 12,000/- – 18,300/- in accordance with Government Resolution dated 08.02.2008 issued by the Education Department and further prayed for granting the revised Selection Grade of Rs. 37,000/- – 67,000/- with Academic Grade Pay of Rs. 9000/- with effect from 01.01.2006 as per the Government Resolution issued by the Education Department dated 04.12.2009 with all the consequential benefits including arrears of pay and allowances and revision of pensionary benefits and other retirement benefits of the petitioner who has already retired and therefore,
The court emphasized the principle of parity in treatment for similarly situated individuals, directing the authorities to grant benefits under government resolutions.
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,....
Homogeneous cadre of Assistant Librarians entitled to uniform pay scales including UGC benefits despite post-new rules regularization, as appointments predated prospective 2010 rules; parity prevents....
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
An application under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989, is maintainable even if there is a delay in filing it, provided the grievance is a continuing wrong....
The court affirmed that statutory rules regarding pay scales prevail over administrative resolutions, entitling Gram Sevaks to a higher pay scale of 5000-8000 after 9 years of service.
Denying the benefits of higher grade scale as per Government Resolution dated 1.3.1993 would be illegal and arbitrary.
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