STATE OF GUJARAT Vs. RAMESHCHANDRA N PATEL

JUDGEMENT

(1.) The State of Gujarat and others, appellants, original respondents, have filed this appeal against judgement and decree dated 28.7.1983 passed by this Court in Special Civil Application No. 1434 of 1977. The learned Judge by his impugned judgement allowed the petition and held that the Resolution dated 4.2.1976 passed by the Government is of no effect till the Government amended the Gujarat Civil Services (Revision of Pay) Rules, 1975. The Court held that till the date the Government has not amended the Rules and they have acted in contravention of the Rules and they are not paying Rs. 50.00 as Special Pay which is fixed by the legislature under the Rules.

(2.) The facts giving rise to this petition are as under:

(3.) Being aggrieved and dissatisfied with the said action of the Government, the petitioners filed Special Civil Application No. 1434 of 1977 before this Court somewhere in September, 1977, for quashing and setting aside the impugned Resolution dated 4.2.1976 contemplating the action of effecting recovery and withholding the special pay, passed by the third respondent by which the Government decided to withdraw the special pay which is produced at Annexure-D to the petition.