HITESHKUMAR MANUBHAI PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the respective parties, the matter was taken up for final disposal today itself.

(2.) Rule. Learned Assistant Government Pleader waives service of notice on behalf of respondent Nos.1 to 3.

(3.) By way of this petition, the petitioner has prayed for quashing and setting aside the order dtd. 27/9/2021 passed by the District Education Officer, Botad - respondent No.3 herein reducing the petitioner's pay scale. The petitioner has also prayed for a direction that the petitioner is entitled to draw the pay scale of higher secondary teacher which he was drawing at the time of filing of the petition. The petitioner has further prayed to declare that he is entitled to the benefits of higher pay scale as per Government Resolution dtd. 16/8/1994. However, at the outset, learned advocate Mr. Deshmukh fairly submitted before the Court that at the time when the petition was preferred, in the first order dtd. 28/10/2021 passed by the coordinate Bench of this Court, he made a statement that he does not press the prayer with regard to benefit of grant of higher pay scale is concerned with a liberty to file fresh petition. Therefore, the said prayer would not survive in the present petition.