NURMAHMMAD ASMALBHAI KOTHARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Utkarsh Sharma, learned AGP waives service of notice of Rule on behalf of respondent State and Ms. R.V. Acharya, learned advocate waives service of notice of Rule on behalf of respondent no. 2. With the consent of learned advocates, the matter is taken up for final hearing today.

(2.) The case of the petitioner is that the petitioner is entitled to the benefits of the three higher grade pay scales based on the uninterrupted service rendered by him from 1986 till 2015 in light of the resolutions dtd. 16/8/1994 and 2/7/2007. The only ground on which the case of the petitioner is rejected is that there is no sufficient proof in the form of receipts to suggest that the petitioner was a member of the Gujarat State Panchayat Technical Employees Federation. The prayer is opposed by Ms. Acharya on the ground that as is evident from the affidavit-in-reply para 7 thereof, when the petitioner was asked to produce the documents with respect to he being a member of the Gujarat State Panchayat Technical Employees Federation, he has not produced any receipt to substantiate his membership with the association. Only on this ground the benefits of the resolutions and the judgement which was rendered in favour of the association has been rejected.

(3.) Perusal of the papers and the order passed by this court in Letters Patent Appeal No. 1120 of 2014 dtd. 26/9/2014 would indicate that the benefits of the resolution dtd. 16/8/1994 were extended to the members of the petitioner association. Para 9 of the order passed in the appeal reads as under: