HARSUKHLAL MOHANLAL BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common questions of fact and law are involved in both the appeals, those were heard analogously and are being disposed of by this common judgment and order. It is necessary to clarify at the outset that although the Writ Application being Special Civil Application No. 2400/2011 was disposed of by the learned Single Judge in terms of its earlier order passed in Special Civil Application No. 6017/2008 and other allied matters, Mr. Joshi, the learned advocate appearing for the appellant in LPA No. 266/2013 made a statement that he was not praying for any benefits of the Tikku Pay Commission as granted by the learned Single Judge vide order dated 29/10/2012 but he was confining his relief only to the extent of seeking the benefits of higher grade scale in terms of the notification issued by the State Government dated 16/8/1994.

(2.) THUS , according to Mr. Joshi although his client succeeded so far as grant of the benefits of Tikku Commission is concerned, the learned Single Judge failed to take into consideration the prayer so far as the grant of higher grade scale is concerned. Such is the reason, according to Mr. Joshi, for filing the LPA No. 266/2013. Whereas on the other hand, the Letters Patent Appeal No. 595/2013 has been filed by the State of Gujarat being dissatisfied with the order passed by the learned Single Judge dated 29/10/2012 in Special Civil Application No. 2400/2011 so far as the grant of the benefit of the Tikku Pay Commission in favour of the appellant of LPA No. 266/2013 is concerned.

(3.) WE proceed to consider the LPA No. 266/2013 filed by the appellant one Dr. Harsukhlal Mohanlal Bhatt.