RAJESH L SHUKAL Vs. GUJARAT WATER SUPPLY

JUDGEMENT

(1.) AS common question of law and facts arise in both these Letters Patent Appeals and as such they arise out of the common judgment and order passed by the learned single Judge, both these Appeals are heard, decided and disposed of together by this common judgment and order.

(2.) BOTH these Letters Patent Appeals under clause 15 of the Letters Patent have been preferred by the appellants herein - original petitioners (hereinafter referred to as "petitioners") challenging the impugned common order dated 15.01.2008 passed by the learned single Judge in Special Civil Application No.10428 of 2007 and Special Civil Application No.10434 of 2007 by which the learned single Judge has rejected the said Special Civil Applications.

(3.) SHRI Nalin Thakker, learned advocate appearing on behalf of the appellants original petitioners has vehemently submitted that the learned single Judge has materially erred in dismissing the Special Civil Applications and confirming the orders passed by the respondents withdrawing the Higher Pay Scale. It is submitted that the learned single Judge has materially erred in not properly appreciating the fact that as such the post of Senior Clerk and the post of Senior Clerk (Accounts) were equivalent posts having the same pay scale and therefore, not accepting the transfer on the post of Senior Clerk (Accounts), the same could not have been treated as denial of the promotion on the higher post by the petitioners.