The Court granted the prayer to the petitioner by directing respondent authorities to pay Higher Pay Scale benefits within two months and to maintain the petitioner's service book regularly.
Respondents directed to pay Higher Pay Scale benefits within two months and maintain the petitioner's service book regularly.
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C/SCA/9610/2017 ORDER DATED: 29/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9610 of 2017
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MAHESH PRABHUDAS PATEL Versus COMMISSIONER OF HIGHER EDUCATION & 2 other(s)
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1 GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2 MR BHAVESH J PATEL(6801) for the Respondent(s) No. 3 MR. RADHESH Y VYAS(7060) for the Respondent(s) No. 3 NOTICE SERVED(4) for the Respondent(s) No. 4
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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 29/11/2021
ORAL ORDER
[1] At the outset, learned advocate Mr.Dipak Dave
has submitted that the grievance of the petitioner is satisfied, however, some appropriate directions may be issued so that the order passed by the respondent authority may be implemented.
[2] Today, when the matter is taken up for hearing, learned AGP has supplied Communication dated 26.11.2021, whereby the petitioner has been granted benefits of Higher Pay Scale. The same is ordered to be taken on record.
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C/SCA/9610/2017 ORDER DATED: 29/11/2021
Communication dated 26.11.2021 to the petitioner within a period of two months.
[4] Learned advocate Mr.Dipak Dave has submitted that the service book of the petitioner may not be misplaced by the authorities since the same would be required for fixing benefits of retirement.
[5] Under the circumstance, it goes without saying that the respondents are bound to maintain service book regularly so that retirement benefits may not be jeopredise.
[6] With the aforesaid directions, the present petition is disposed of. Notice is discharged.
NABILA
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2 issues framed by the court
Whether to direct the respondent authorities to pay the petitioner the benefits of Higher Pay Scale granted via a recent communication.
Whether to direct the authorities to maintain the petitioner's service book regularly to prevent jeopardizing retirement benefits.
Mahesh Prabhudas Patel
Commissioner of Higher Education
2 other(s)
A.S. Supehia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
