KHIMJIBHAI JAHABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions are taken up for hearing at the request of learned advocate for the petitioners. Considering the nature of issues raised and contentions raised being common in nature in both these matters, the same are taken up for joint hearing and disposal. The facts are recorded from Special Civil Application No.10761 of 2020.

(2.) This petition is filed seeking direction to set aside the order dated 28.02.2020 passed by the Deputy Secretary of Education Department. By the impugned order, the Deputy Secretary of the Education Department had rejected the claim of the petitioner to consider the service rendered by the petitioner with the Ashram Shala as a continuous service under District Education Committee.

(3.) Learned advocate Mr. M.A.Parekh appearing for the petitioner submitted that such decision is not in consonance with the Government Resolution dated 23.08.1973 which is still in vogue and specifically provides for considering the service rendered with Ashram Shala as continuing service, thereby covering the specific case of the petitioner also. Learned advocate for the petitioner submitted that earlier the petitioner and other similarly situated persons had filed Special Civil Application No.10753 of 2018 claiming third higher pay scale which was due to the petitioner, but was not granted. This Court vide order dated 02.08.2018 had allowed the petition holding the petitioner to be entitled to the benefit of first, second and third higher pay scale. While doing so, the Court had also directed the competent authority to take a decision with regards to grant of continuity of service by combining the services rendered at Ashram Shala.