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VAIBHAVI D. NANAVATI
Work Assistant Association, Pwd Road and Building Department – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Heard Mr. G. M. Joshi, the learned Senior Counsel assisted by Mr. Vyom H. Shah, the learned advocate appearing for the petitioner and Ms. Pooja Ashar, the learned AGP appearing for the respondent – State.
2. The petitioner herein is a Association of Work Assistants, employed under the respondent State in its Roads and Buildings Department. It is the case of the petitioner that originally, the respondent - State was having Public Works Department, which was subsequently divided into two departments namely Building and Construction Department and Roads and Buildings Department. Again, both the departments were merged and it was named as Roads and Buildings Department.
3. The members of the petitioner Association were originally employed on various posts namely, Karkoon, mistry, technical assistant as well as sub-overseer, by a policy decision, which is reflected in Government Resolution dated 07.01.1984, a cadre of Work Assistant was created merging the cadre of Karkoon, mistry, technical assistant, sub-0verseer and like other posts, which were carrying different pay scales and different recruitment rules. By the said decision, all the cadres were m
The court affirmed that employees are entitled to higher pay scales and promotions as per applicable Government Resolutions and Recruitment Rules, despite delays by the State.
The court reaffirmed the principle that equally situated persons should be treated equally in consonance with Articles 14 and 16 of the Constitution of India.
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 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 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 method of appointment, whether by promotion or transfer, is crucial in determining the entitlement to a higher scale of pay as Time Bound Higher Grade, as stipulated in the Pay Revision Order.
Members of the Petitioner Association ought to have been treated equally w.e.f. 1.1.1986. In view of this fact, we are of the opinion that the end of justice would be served if the respondents are di....
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