DAVE ARVINDABEN MANSUKHLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the parties. As the entire controversy is in a narrow compass, and as the advocate for the petitioner submitted that the result of this petition be made explicitly subject to outcome of main matter being Special Civil Application No. 24233 of 2005, Learned AGP Mr. Dave was called upon to answer as to whether he would waive the service of rule and as he said that he would waive, Rule. Service of rule is waived by Shri Dave. At the request of learned advocates for the parties, rule is fixed forthwith.

(2.) The petitioner by way of this petition approached this Court with following prayers:-

(3.) The petitioner is serving as High Secondary Assistant Teacher and drawing salary in the pay scale of Rs. 1640-2900. The original appointment of petitioner was as Assistant Teacher in a secondary school in the pay scale of Rs. 1400-2600 w.e.f. 15/9/1988. Subsequently on account of transfer of the post vide order dated 22/9/1988 petitioner came to be appointed as Assistant Teacher in Higher Secondary in the scale of Rs. 1640-2900. This grant of scale is sought to be withdrawn and it was withdrawn vide order dated 25/11/2005 on the ground that the salary in the scale of Rs. 1640-2900 was not admissible to the petitioner as she had not been entitled for the said scale for the reasons stated there under. This order was assailed by the petitioner by filing Special Civil Application No. 24233 of 2005 with following prayers.