M S GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article Article 226 of the Constitution of India is filed by the petitioners with the following main prayers :-

(2.) BY an order dated 21. 7. 1993, Rule was issued and the matter was ordered to be heard with Special Civil Application No. 2204 of 1993 and allied matters. Interim relief was also granted in terms of para 22 (C) by which operation, implementation and execution of the impugned orders at Annexure-D collectively, came to be stayed, which ordered for cancellation of higher pay scale and recovery of the pay initiated against the petitioners.

(3.) SUBSEQUENTLY, vide order dated 27. 11. 2007, this Special Civil Application qua petitioner No. 1-M. S. Goswami and petitioner No. 4-N. J. Maheriya were permitted to be withdrawn since cause of action qua those petitioners did not survive. The cause of action qua petitioner No. 2-J. V. Khokhariya and petitioner No. 3-R. G. Parmar does not survive since the petitioner Nos. 2 and 3 were repatriated to their original department. Therefore, this Special Civil Application survives qua petitioners Nos. 5 and 6 only.