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HIGH COURT OF GUJARAT
AS, NMT
JASVANT HARIBHAI DAVE – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(A.S. SUPEHIA, J.)
1. Learned Assistant Government Pleader has tendered an affidavit dated 18.03.2025, which has been filed in view of the direction issued by this Court vide order dated 24.09.2024. The same is ordered to be taken on record.
2. With consent of the learned advocates appearing for the respective parties, the matter is finally taken up for hearing and decided by this order today.
3. The present appeal is directed against the judgment and order dated 16.02.2024 passed by the learned Single Judge, whereby the learned Single Judge has dismissed the writ petition filed by the present appellant claiming the benefits of the 2nd Higher Pay-Scale with effect from 12.02.2011.
4. The facts, as recorded by the learned Single Judge, are not in dispute. The same are as under : -
“2.1 The Petitioner was appointed as Instructor (Electroplating) by the respondent vide order dated 13/01/1984. The respondent had made negative remarks in Confidential Report dated 19/05/2009 against the petitioner for the period from 01/06/2008 to 31/03/2009 and the petitioner was informed to give reply of such report in six weeks. Accordingly, petitioner has submitted reply dated 14/07/2009 to Respo
Adverse remarks in Confidential Reports within the last five years disqualify an employee from receiving a Higher Pay Scale, as clarified by the Finance Department.
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
The court upheld that all ACR entries must be communicated within a reasonable time, ruling that uncommunicated remarks cannot affect entitlements under service rules.
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....
An employee is entitled to a second higher grade pay-scale after 15 years of service from the first higher grade pay-scale, irrespective of the number of promotions received.
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 court directed the reconsideration of the petitioner's eligibility for the second higher pay scale based on applicable government resolutions, emphasizing the need for a fresh decision within eig....
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....
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