SAMTABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Soaham Joshi, learned Assistant Government Pleader waives service of notice of Rule for the respondent Nos.1, 2, 5, 6, 7, 8 and 9, Mr. Khanchandani, learned advocate waives service of notice of Rule for respondent No.3 while Mr. H.S. Munshaw, learned counsel waives service of notice of Rule for respondent No.4.

(2.) With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

(3.) By way of this petition, under Article 226 of the Constitution of India, the petitioners, the widow of the deceased Bhikhubhai Umiyashankar Teraiya and the other legal heirs have prayed that the respondents be directed to restore the benefit of first higher pay scale of Rs.5000.008000/- in favour of the deceased Bhikhubhai Umiyashankar Teraiya with effect from 20/1/1997 and also pay all other consequential benefits and amount of recovery wrongly made from the deceased and to hold and declare that the deceased was entitled to first higher pay scale of Rs.5000.008000 on completion of nine years of service (20/1/1997) in light of the decision of the Coordinate Bench of this Court dtd. 26/9/2017 passed in SCA No.1485/2010.