LAWS(GJH)-2012-2-341

GEETABEN KAMLESHPURI GUSAI Vs. STATE OF GUJARAT

Decided On February 17, 2012
GEETABEN KAMLESHPURI GUSAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Mr. Alkesh N. Shah, learned Assistant Government Pleader appears for respondent Nos. 1 and 3 and waives service of RULE and Mr. B.Y. Mankad, learned Advocate appears for respondent No.2 and waives service of RULE on behalf of the respective respondent. With consent of the parties, the petition is taken up for hearing and final disposal today.

(2.) AT the outset Mr. Dave, learned Advocate for the petitioner, seeks permission to delete prayer clauses 15 -b as well as 15 -e. Mr. Dave, learned Advocate for the petitioner submits that the petitioner intends to restrict the petition only to illegal recovery, which is sought to be made on behalf of respondent authorities, as per order impugned in the present petition.

(3.) IT reveals from the petition that in the year 2011 it transpires from the record of the petition that in the year 2011 on further scrutiny it was found that as per service rules, it was incumbent upon the petitioner to clear Hindi Examination which is not cleared by the petitioner. The petitioner was therefore called upon by notice dated 15.1.2011 to clarify the same. On receipt of the said notice, the petitioner replied the said notice by filing reply dated 21.1.2011 and on considering the said reply the order dated 1.3.2011 (Annexure -A) to the petition came to be passed. IT is so held by the competent authority that as the petitioner has not cleared the requisite examination she is not entitled to higher grade pay scale and refix the pay scale of the petitioner accordingly. However, as aforesaid, Mr. Dave, learned Counsel for the petitioner has not pressed the prayer as regards refixation of pay scale and therefore it is not necessary to deal with the same.