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2018 Supreme(Online)(Guj) 7110

GUJARAT HIGH COURT
ANANT S. DAVE, BIREN VAISHNAV, JJ
STATE OF GUJARAT – Appellant
Versus
(G.M.S. CLASS-II)MEDICAL OFFICERS ASSOCIATION – Respondent


Advocates:
For the Appellants/Petitioners: MR DHAWAN JAYSWAL, AGP
For the Respondents: MR NK MAJMUDAR(430)

Table of Content
1. introduction of appeals against previous judgments. (Para 1)
2. details of writ petitions and prayers. (Para 2)
3. government policy regarding non-practicing allowance. (Para 3)
4. applicability of various pay revision rules. (Para 4 , 5)
5. state's view on inclusion of nppa in basic pay. (Para 6)
6. arguments and contentions by the state's agp. (Para 7)
7. counterarguments of the respondents. (Para 8)
8. comprehensive analysis of the governing rules and the legal reasoning. (Para 9)
9. final decision and dismissal of appeals. (Para 10 , 11)

JUDGEMENT

(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)

1. All these Letters Patent Appeals are directed against CAV common judgment dated 21.10.2016 rendered in Special Civil Application Nos.9615 to 9630 of 2006 with Special Civil Application No.6561 of 2008. Since the issues raised in all the above writ petitions were based on similar prayers by all writ petitioners, they were heard and decided together.

2. Following were the prayers before learned Single Judge in all the writ petitions filed under Article 226 of the Constitution of India and for the sake of convenience, prayers in Special Civil Application No.9615 of 2006 were

















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