STATE OF GUJARAT Vs. A.D. PUROHIT

JUDGEMENT

(1.) WE have heard Mr. Udit Mehta, learned AGP appearing for the appellants. This Letters Patent Appeal has been filed by the appellants -original respondents challenging the judgment of the learned Single Judge dated 19.07.2013 passed in Special Civil Application No. 24263 of 2006 with Special Civil Application No. 24316 of 2006 with Special Civil Application No. 24317 of 2006.

(2.) THE appellants -original respondents had issued orders for rectification of grant of higher pay scale at the relevant time to the opponent -original petitioner, who was working as Lino Operator. On completion of nine years service and having become entitled to higher pay scale, the opponent -original petitioner was granted higher pay scale of Rs. 1400 -2300/ - which was the pay scale of the post of Compose Overseer. While the opponent -original petitioner was serving as Lino Operator, he was entitled to get promotion to the post of Compose Foreman/Lino Mechanic at higher pay scale, but Gujarat Civil Service (Revision of Pay) Rule, 1987 which came into force from 01.01.1986, the pay scale of Lino Operator was made equivalent to the post of Compose Foreman and Lino Mechanic.

(3.) WE are in full agreement with the findings recorded by the learned Single Judge that the higher pay scale was rightly paid to the opponent -original petitioner and he has not played any fraud on the appellants -original respondents and he was entitled for higher pay scale after having been promoted to the next higher post.