STATE OF GUJARAT Vs. NARAYANBHAI DHARMABHAI KADAM

JUDGEMENT

(1.) Admit. Service of notice is waived by L.A., Mr.Nilesh A. Pandya for the respondent. Upon joint request and in view of the controversy involved in the matter, the appeal is taken up for final hearing, today itself.

(2.) The appellants have questioned the legality and validity of the order of the learned single Judge, recorded on 22.4.99 in Special Civil Application No.5255 of 1995, whereby, the petition of the respondent for the revision of pay scale of Rs.1150-1500 under the provision of Gujarat Civil Services (Revision of Pay) Rules, 1987, with effect from 1.1.86 came to be allowed. Being aggrieved by the directions contained in the impguned order, the respondents in the petition have, now, come up before this Court by filing this appeal under clause 15 of the Letters Patent.

(3.) The respondent is the original petitioner, who, came to be inducted in the employment in the year 1949 under original respondent No.3, Director of Medical Education and Research, New Civil Hospital, Ahmedabad as a Ward servant in class IV. Thereafter, in the year 1970, he came to be appointed on the post of Operation Theatre Assistant. The original petitioner contended that in view of revision of pay scale, his scale should have been fixed in the pay-scale of Rs.1150-1500, as he was, previously, drawing salary in the pay-scale of Rs.260-430. The original respondent-authorities, granted pay scale of Rs.775-1025. That is how, the legal battle was started by filing the writ petition. The learned single Judge, held in favour of the original petitioner placing reliance on the decision of the learned single Judge in Special Civil Application No.2325 of 1994, decided on 30th June, 1994.