R.N. PATANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mrs. Ketty A. Mehta learned advocate for the petitioners and Mr. Rasesh Rindani learned AGP for the respondents authorities.

(2.) BY way of these petitions, challenge is made to the action of the respondent authorities of withdrawing the pay scale, which was granted to the petitioners as the first higher grade scale under the policy of the Government dated 05.07.1991 as modified vide Government Resolution dated 16.08.1994. Since facts are common, these petitions are heard, considered and decided by this common judgment and order.

(3.) ON the other hand, these petitions are contested by the respondent authorities. Learned AGP Mr. Rindani submitted that, true it is that the petitioners were entitled to the first higher grade scale on completion of their nine years of service as Assistant Librarians, but what was granted to them was not the first higher grade scale, but was the pay scale which the Librarians with qualification prescribed by the UGC could have been given, and none of the petitioners possessed the qualification for that purpose and therefore, they could not have been granted the said pay scale and thus, that was the error committed by the authorities, which authorities were entitled to correct, which is done, which cannot be said to be illegal or arbitrary and therefore, no interference be made by this Court. Specific reference is made to the affidavit in reply filed by the respondent authorities, wherein, it is indicated that to be eligible to get the pay scale approved by UGC, an employee should have qualification as under.