Late Manharlal Ganpatram Dave ... vs State Of Gujarat
2021 Latest Caselaw 7963 Guj

    C/SCA/6664/2021                                   ORDER DATED: 07/07/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 6664 of 2021

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     LATE MANHARLAL GANPATRAM DAVE THROUGH SUMITRABEN
                      MANHARLAL DAVE
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR AS ASTHAVADI(3698) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5,6
MR. ROHAN SHAH, AGP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                             Date : 07/07/2021

                                ORAL ORDER

1. This petition under Article 226 of the Constitution of India is filed praying for direction to the Authorities to sanction 3 rd Higher Grade Pay scale to the petitioner in the pay scale of 2200­4000 as on 01­06­1987 and has also prayed for arrears from 01­06­1987 to 31­01­1989 and consequential benefits with interest.

2. At the outset, it is apparent from the record that the petitioner who was appointed as Compounder at Talsana Public Health Center on 01­01­ 1948 and had retired on 31­01­1989. In case of the petitioner, the decision was taken on 18­09­2008, the petitioner had retired in 1989 and has expired on 27­08­2012. It is widow of the petitioner before the Court making prayers as herein above.

3. At the outset, the Representation is made by the deceased­Employee in the year 2008. Thereafter, the Representation is made by the petitioner on 11­12­2019.

C/SCA/6664/2021 ORDER DATED: 07/07/2021

4. Learned Advocate for the petitioner submitted that the case of the petitioner is squarely covered in the decision of this Court passed in Special Civil Application No.10142 of 2009 dated 30­01­2013. More particularly, in view of the Para­13 of the aforesaid judgment, it will be open for the petitioner to pursue her Representation dated 11­12­2019 by citing relevant judgment of this Court.

5. In view of the aforesaid, the petition stands disposed of. The decision in accordance with law to be communicated to the petitioner within the period of three months from the date of receipt of this order.

Direct service is permitted.

(A.Y. KOGJE, J) PARESH SOMPURA