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VAIBHAVI D. NANAVATI
GNANESHWARY D. SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
VAIBHAVI D. NANAVATI, J.
1. Heard Mr. Gnaneshwary D. Shah, learned party-in-person and Ms. Suman J. Motla, learned Assistant Government Pleader appearing for the respondent-State.
2. By way of preferring the present Petition, petitioner herein challenges the order dated 15.09.2016 passed by the respondent no. 3, cancelling the senior scale of the petitioner with retrospective effect, from the date of entitlement of senior paygrade, since 22.11.1999. By way of the amendment, petitioner herein has challenged the consequential order dated 07.10.2016 passed by the respondent no. 4, pursuant to the impugned order dated 15.09.2016, wherein, by the said order, the respondent no. 4 has directed the accounts department to reduce the pay of the petitioner, w.e.f. 22.11.1999 and calculate the same, whereby, the respondent no. 4 has removed/demoted the petitioner from in-charge Head of the Department and appointed one Mr. B.J. Panchal, as Head of the Department, with immediate effect, that too, in anticipation, that the respondent no. 2 would pass a similar order in future.
3. Being aggrieved and dissatisfied with the impugned orders as referred above, the same having been passed after
The cancellation of a senior scale and selection grade after significant delay and without prior communication of adverse remarks violates principles of natural justice.
Point of Law : Term “are exempted” used in the notification itself suggest that the benefits thereof would be applicable to the incumbents with requisite M.Phil degree serving as Lecturers though wit....
The main legal point established is the entitlement of the petitioner to arrears from the correct date of completion of refresher courses as per UGC Regulations, 2000, and the finality of court order....
The court ruled that a reduction in pay without the Executive Committee's approval is invalid, emphasizing the necessity of following proper authority and procedure in employment matters.
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.
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
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