STATE OF GUJARAT Vs. G.K.PRAJAPATI

JUDGEMENT

(1.) WE have heard learned AGP Ms. Reeta Chandarana for the appellants and learned Advocate Mr. Vaibhav A Vyas for the respondent.

(2.) LEARNED AGP has urged that the learned Single Judge has not assigned any reason for allowing the writ petition. She also urged that the pay protection cannot be granted in cases where a person who is drawing the lower pay scale and therefore the present respondent is not entitled for pay protection.

(3.) IN the result, the present appeal succeeds and is allowed accordingly. The order dated 7.9.2010 passed by the learned Single Judge in Special Civil Application No.12894 of 2000 is quashed and set aside. The matter is remanded back to the learned Single Judge to decide the matter afresh after considering submissions that may be advanced by the learned Advocates for the respective parties. Since the matter is of the year 2000, we request the learned Single Judge to hear the matter at the earliest subject to the convenience of the Court.