ITBARHUSAIN HASAMBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Surabhi Bhati, learned AGP waives service of notice of rule on behalf of respondent State.

(2.) In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order dtd. 24/12/2018 passed by the respondents denying the petitioners the benefit of the second higher pay scale on the ground that at the relevant time the petitioners had not passed their SSC examination which was required by virtue of notification dtd. 25/8/1981.

(3.) The petitioner no. 1 has died pending the petition and his legal heirs are on record. Facts in brief would indicate that the petitioners no. 1 and 2 were initially appointed as Forest Guards in the year 1974 and 1972 respectively. They were granted first higher pay scale with effect from 1/6/1987 which was subsequently modified and by orders dtd. 8/4/2009 the deceased petitioner no. 1 and petitioner no. 2 were granted first higher pay scale with effect from 11/11/1991 and 1/7/1990 respectively.