HEMANT M. PANDYA Vs. BHAVNAGAR MAHANAGARPALIKA

JUDGEMENT

(1.) The present appeals emanate from the judgment and order dtd. 9/6/2020 passed in the captioned writ petitions, whereby the learned Single Judge has partly allowed the petitions, except the writ petition being Special Civil Application No.15419 of 2017, which has been rejected on the ground of delay and latches.

(2.) All the writ petitions, were filed by the appellants - original petitioners challenging the action of the respondents by passing the orders dtd. 21/11/2009, 28/2/2013 and 15/6/2013 affecting the recovery from them. The petitioners had also sought directions for grant of pay-scale of Rs.1100.00 1600 w.e.f. 3/10/1974 and the pay-scales of Rs.3000.004500, Rs.10500.0015000 and Rs.15600.0039100 revised from time to time as per the 4th Pay Commission, 5th Pay Commission and 6th Pay Commission to the petitioners. All the petitioners were serving as Executive Engineers in the respective divisions of the respondent - Corporation and they had also retired from service on attaining the age of superannuation, except the petitioner of Special Civil Application No.12414 of 2013.

(3.) As the prayer clause would suggest, the petitioners - appellants are claiming pay-scale right from the year 1974 and they are accordingly praying for revision of such pay-scale. The learned Single Judge, after threadbare analysis of the dispute with regard to the claim of pay-scale and the orders passed by the State Government, has rejected the writ petition so far as the claim of pay-scale is concerned however, the learned Single Judge has set aside the recovery arising out of the impugned orders.