UNIVERSITY NIVRUT KARAMCHARI ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal under clause 15 of Letters Patent emanates from the order dtd. 23/9/2022 passed by the learned Single Judge dismissing the writ petition filed by the appellants-Employees challenging the action of the respondents of ordering recovery from their pay-scale. BRIEF FACTS

(2.) The learned Single Judge has rejected the writ petition primarily on the ground of delay. All the appellants herein are the members of University Nivrut Karamchari Association, who are the employees of the respondent-University. All of them were conferred the pay-scale at the relevant time prior to 1981. Subsequently, it appears that the dispute arose with regard to fixation of their pay-scale as the State Government raised an objection that the respondent-University had no power at the relevant point of time to take decision with regard to the pay fixation of its employees and if the respondent-University was required to fix the pay-scale of its employees, it was necessary to obtain approval from the State Government. Ultimately, at the time of retirement and while fixation of pension, the Local Fund raised objection with regard to pay fixation. The inter se communications between the respondentUniversity and the State authority went on with regard to pay fixation of the appellants and ultimately, all the appellants retired in the year ranging from 1998 to 2012.

(3.) It appears that one of such employees of the University filed the writ petition being Special Civil Application No.1444 of 2000 before this Court challenging the action of recovery and reduction of pay-scale. The learned Single Judge by the judgement dtd. 8/3/2013 set aside the action taken by the respondents. The Division Bench of this Court also, vide order dated 04. 09.2014 passed in Letters Patent Appeal No.326 of 2014, confirmed the decision of the learned Single Judge.