K C VAIDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner is seeking a direction of quashing and setting aside the order dated 07.08.2009 passed by the respondent no.1, by which, the benefit of the first higher payscale extended to the petitioner as well as the revised higher payscale of the petitioner have been canceled. Further action of the recovery pursuant to the aforesaid order is also under challenge.

(2.) During pendency of the present petition, the petitioner expired on 17.09.2012 and, therefore, by order dated 04.05.2016 passed in Civil Appeal No. 4224 of 2016 this Court permitted the legal heirs (daughter) of the deceased petitioner to bring on record of the petitioner.

(3.) Brief facts of the present petition are that the petitioner was initially appointed as Medical Officer, ClassII on ad hoc basis at T.B. and Chest Disease Hospital, Jamnagar, by an order dated 11.12.1984. Thereafter, the petitioner had resumed her duties on 17.12.1984.