NITABEN K TANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs :-

(2.) When the matter was called out, the learned counsel for the petitioner states that the matter is squarely covered by the decision of this Court rendered in Special Civil Application No. 1446 of 1994 and allied matters dated 12.03.2009. The said order reads as under:-

(3.) All the petitioners sought request transfer either from one district to another district or from one office to another office and request of all the petitioners came to be accepted and all the petitioners came to be transferred as per their request either to another district and/or another office, however, on condition that they shall not get benefit of seniority and they will be placed at the bottom of the seniority at the place where they were transferred. It appears that with respect to some of the petitioners on their completion of 9 years counted from the date of their initial appointment they were granted benefit of higher grade pay scale as per Government Resolution dated 05.07.1991. However, benefit of higher grade pay scale came to withdrawn considering their past service / seniority prior to their request transfer considering Government Resolution dated 16.10.1993 and it was held that they are entitled to benefit of higher grade pay scale on completion of their 9 years of service from the date of joining another department / office / district as per request transfer.