STATE OF GUJARAT Vs. PRADIP MAFATLAL SHAH

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr.Manan Mehta for the appellant State, learned advocate Mr.V.K.Joshi for the private respondent Nos.1 to 8 and learned advocate Mr.Hemang Shah for respondent No.9.

(2.) By filing this Letters Patent Appeal under Clause 15 of the Letters Patent, the appellant State has called in question judgment and order dtd. 15/5/2008 of learned single Judge, whereby the petition came to be allowed and the benefits of higher scale came to be granted to the private respondents- original petitioners. The respondent No.3 was directed to implement the orders in that regard and pay the arrears arising thereby.

(3.) In the petition, the petitioners prayed to direct respondent No.3 authority to grant the higher grade pay scale to them as per the fixation made by the Registry of the High Court and disburse the arrears arising out of the fixation. In other words, the petitioner had challenged the communication of the respondent No.3 Assistant Examiner, Local Audit Fund Office, whereby the audit objection was raised to deny the benefits of higher grade pay scale. The higher grade pay scale was under the Resolution dtd. 16/8/1994. In cases where promotions may have stagnated, the benefits were to be granted in accordance with the conditions provided in the Resolution.