DHIRAJLAL C MAHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has challenged the order and judgment dated 18/3/2010 rendered by the Ld. Single Judge in Special Civil Application No. 9178/1995, wherein present appellant has, as a petitioner, prayed for higher pay-scale as given to Deputy Mamlatdar, Revenue Department with effect from 1/1/1986 and for direction for payment of difference between the pay-scale of Rs.1400-2600 and Rs.1640-2900 and to revise and re-fix his pension and gratuity accordingly, on the ground that initially petitioner was appointed as a Typist in the year 1956 in the office of the Development Centre, Administrative Office, Junagadh under the then Saurashtra State and in the year 1963 he was posted as Typist in the office of the Taluka Development Officer, because certain revenue staff was allocated to Panchayat services of the Gujarat State with effect from 1/4/1963.

(2.) HEARD Ld. Counsel Mr. M T Kikani for the appellant, Mr. N J Shah, Ld. AGP for respondent no. 1 and Mr. H S Munshaw, Ld. Counsel for respondent no. 2.

(3.) THE respondent no. 2 has filed affidavit-in-reply in the petition contending that petition is required to be rejected on the ground of delay and latches and that the respondent no. 2 has acted relying upon the Government Notification applicable to the Panchayats and that they could not act contrary to the resolution passed by the State Government and the rules applicable to the petitioner regarding his pay-scale.