C H MAKWANA Vs. REGISTRAR

JUDGEMENT

(1.) Special Civil Application No.5784 of 2002, wherein Misc. Civil Application No.1243 of 2004 is filed for restoration of the main matter is not notified on the Board. At the request of Mr.I.S. Supehia, the learned advocate appearing for the petitioners who submitted that the facts of Special Civil Application No.5784 of 2002 are similar to that of Special Civil Application No.6779 of 2002 and the issue involved is also similar and therefore, arguments will be common in both the petitions. Mr.Pardiwala, the learned advocate has no objection if the request of Mr.Supehia is granted. The papers of Special Civil Application No.5784 of 2002 are called for so as to hear the matter with Special Civil Application No.6779 of 2002. After allowing Misc. Civil Application No.1243 of 2004 in Special Civil Application No.5784 of 2002, both the petitions are taken up for final hearing today. SPECIAL CIVIL APPLICATION No.5784 OF 2002

(2.) The facts in Special Civil Application No.5784 of 2002 are that the petitioner was serving as 'Clerk of the Court', he was promoted to this post by order dated 08.09.1989. Prior to that he was serving as Senior Clerk. He was promoted as Senior Clerk from the post of Junior Clerk by order dated 02.09.1987. The benefits of Higher Grade Scale were granted to him by order dated 07.08.1997 but then the same were withdrawn by order dated 07.05.2002. SPECIAL CIVIL APPLICATION NO.6779 OF 2002

(3.) The facts in Special Civil Application No.6779 of 2002 are that the petitioner who was serving as 'Clerk of the Court' at Labour Court, Nadiad was granted benefits of Higher Grade Scale by order dated 07.08.1997 (Annexure 'B'). The said benefits of Higher Grade Scale were withdrawn by order dated 07.05.2002 (Annexure 'D'). This order was subsequently amended, to a limited extent by another order dated 21.06.2002 (Annexure 'E'), whereby recovery of the amount paid to the petitioner was waived by the authorities. Thus, order dated 21.06.2002 is in favour of the petitioner. Order dated 07.05.2002 as amended by order dated 21.06.2002 is challenged.