STATE OF GUJARAT Vs. GK PRAJAPATI

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters Patent, has been filed by the State on being aggrieved by the oral judgement dtd. 22/1/2016 passed by the learned Single Judge. The learned Single Judge by the order under challenge acceded to the petitioner's request for pay protection.

(2.) Facts in brief are as under:

(3.) Ms. Shruti Dhruve, learned AGP appearing for the appellant State would assail the order of the learned Single Judge on the ground that pay protection to the respondent - original petitioner was not available. She would submit that initially the respondent - original petitioner was working in the Education Department of the State as a Lecturer whereas the subsequent appointment on being selected as Junior Assistant Electrical Inspector, Class-II was with the department of Energy and Petrochemicals. She would submit that though the State had specifically pointed out to the learned Single Judge that in light of the Government Resolution dtd. 17/6/1994, Note 8 to Rule 41 of the BCSR would not apply. She would take us through the Government Resolution dtd. 17/6/1994 and submit that pay protection shall only be available in cases where subsequent appointment was to a post which had a higher pay scale or a equal pay scale to that of the earlier appointment.