N.H. MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. A.S.Supehia, learned Advocate for the petitioner and Ms. Jyoti Mehta, learned A.G.P. for the respondents.

(2.) LEARNED Advocate Mr. Supehia has submitted that the husband of the petitioner was in service of the Government, who died on 16th June, 1998. The petitioner has prayed that the pay-scale of her husband be revised with retrospective effect and in her claim, the same ought to have been revised from the year 1978.

(3.) LEARNED advocate for the petitioner has placed reliance on the decision of the Court of 3rd Joint Civil Judge (Senior Division) at Junagadh in Regular Civil Suit No.615 of 1984, which was in case of some other employee, who according to the petitioner was similarly situated to the husband of the petitioner. This contention would not take the case of the petitioner any further for more than one reasons. Firstly, the view expressed by the Civil Judge (Senior Division), Junagadh would not bind this Court. Secondly, there the question of delay was not there. Further even the suit would have been barred by limitation and what was not possible directly is sought to be done indirectly, which can not be accepted.