STATE OF GUJARAT Vs. D. S. PATEL

JUDGEMENT

(1.) The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the judgment and order dtd. 29/3/2017 passed by the learned Single Judge, allowing the captioned writ petition. BRIEF FACTS : -

(2.) Since the original petitioner (deceased employee) has passed away, his legal heirs are representing the present appeal. The respondent-deceased employee was appointed as an Assistant Librarian on 27/12/1972. He was holding the qualification of SSC pass. He was appointed in the Government Medical College, Surat under the Health and Family Welfare Department. Thereafter, he was promoted to the post of Librarian and was also granted Higher Pay-Scale.

(3.) It is the case of the appellant state, that there are two levels of higher pay-scales, one at the level of Gujarat State i.e. SSC pass, whose pay-scale was Rs.1640.002900/- and in case, the candidate is UGC Graduate or Diploma, his pay-scale would be Rs.2200.004000/-. It appears that through an oversight, the respondent-deceased employee was given the pay-scale of Rs.2200.004000/- instead of Rs.1640.002900/-. The respondentdeceased employee was conferred the said pay-scale of Rs.2200.004000/- by the Dean, Government Medical College, Surat with effect from 1/2/1990. The same was further revised to Rs.8000.0013,500/- w.e.f. 1/1/1996 pursuant to the Revision of Pay Rules, 1998. After completion of 8 years of service, he was granted the benefit of Senior Scale of Rs.10,000.0015,200/- w.e.f. 1/2/1998.