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2025 Supreme(GUJ) 223

HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE, JJ
PATEL HARESHKUMAR DWARKADAS (HARESH D. PATEL) – Appellant
Versus
DEPUTY DIRECTOR OF ANIMAL HUSBANDARY – Respondent


Petitioner Advocates:MR NK MAJMUDAR(430) ,Respondent Advocate: MR HS MUNSHAW(495)

ORDER :

A.S. SUPEHIA, J.

1. With the consent of the learned advocates appearing for the respective parties, the appeal is taken up for hearing today.

2. The present appeal emanate from the common judgement and order dated 26.07.2024 passed in the captioned writ petitions, wherein and whereby the learned Single Judge, after threadbare examination of the facts and relevant Government Resolutions, partly allowed the writ petition by maintaining re-fixation of the pay done by the Government authorities and setting aside the recovery of excess payment, which has been effected due to refixation of the pay-scale.

3. At the outset, learned advocate Mr.Majmudar appearing for the appellants has submitted that the impugned order dated 28.09.2011, by which refixation of the pay-scale and the recovery of excess payment, has been passed without hearing the appellants-original petitioners. It is submitted that the learned Single Judge fell in error in rejecting the writ petitions so far as re-fixation of pay is concerned. He has submitted that the appellants-original petitioners are entitled to the pay-scale of Rs.5,000-8,000/-, which was also refixed by the respondent authority subsequently, due to

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