A.D.PUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE in Special Civil Applications No.24316 of 2006 and 24317 of 2006. Learned AGP Mr.Rashesh Rindani waives service of rule. Rule has already been issued in SCA No.24263 of 2006.

(2.) ALL these petitioners are before this Court being aggrieved by an action of the respondents whereby the authorities have issued orders for rectification of grant of higher pay scale at the relevant time. It is not in dispute that the petitioners were serving as Lino Operators at the relevant time. On completion of nine years and having become entitled to higher pay scale the petitioners were granted higher pay scale of Rs.1400 ­ 2300/ - which was the pay scale of the post of Compose Overseer.

(3.) TAKING that into consideration and taking into consideration the terminology used in the scheme of giving benefit of higher pay scale the authorities have used the term, 'higher pay scale' and in the present case the higher pay scale is that of Compose Overseer. The pay scale for the post of Lino Operator, Compose Foreman and Lino Mechanic is Rs.1350 ­ 2200/ - and for Compose Overseer the pay scale is Rs.1400 ­ 2300/ -. That being so, if the petitioners who were serving as Lino Operator, if given the pay scale of Rs.1400 ­ 2300/ - this Court finds no error. The orders issued for rectifying the so called error are unjust and illegal. Hence the same are quashed. Earlier order of giving pay scale of Rs.1400 ­ 2300/ - shall remain effective by the authorities.