DISTRICT DEVELOPMENT OFFICER Vs. PITHADIYA VIJAYBHAI MAHENDRABHAI

JUDGEMENT

(1.) This Appeal is filed under Clause 15 of the Letters Patent challenging the order dtd. 19/9/2022 rendered by the learned Single Judge of this Court in Special Civil Application No.10916 of 2020.

(2.) Heard Mr.H.S. Munshaw, learned advocate for the appellant-original respondent No2, Mr. J.V. Japee, learned advocate for the respondent Nos.1 to 18 original petitioners and Mr.Ronak Raval, learned AGP for respondent No.9- State of Gujarat.

(3.) Mr. Munshaw, learned advocate for the appellant mainly submits that all the original petitioners were appointed on compassionate ground as per the policy of the State Government. It is submitted that the appointment of the petitioners were on fixed salary basis for a period of five years and that to ad-hoc basis. On completion of five years of ad-hoc services, the present appellant has passed order for giving regular pay scale to the original petitioners. It is submitted that as regular pay scale was not granted to the petitioners, they have preferred captioned petition in which, the original petitioners had prayed that the respondent authority be directed to pass orders for giving the regular pay scale applicable to the respective posts on which the petitioners came to be appointed as per the statement annexed at Annexure-A to the writ petition and the same be made applicable to the petitioners from the initial date of appointment. It is submitted that the learned Single Judge allowed the said petition and thereby directed the present appellant to issue modified orders of appointment and place the original petitioners in the regular pay scale from their initial date of appointment in the respective cadres. As far as arrears are concerned, the benefit shall be given to the original petitioners only with effect from 1/1/2020.