ARUNABEN C DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India challenges the order dated 20th October, 2003 passed by respondent No. 2, by which, the case of the petitioner is not considered for first higher pay scale, on the ground that the petitioner had requested for transfer from Junagadh to Ahmedabad.

(2.) SHRI Supehia, learned advocate, for the petitioner, submits that the above decision is contrary to the law laid down by this Court in Letters Patent Appeal No. 229, 230, 231 of 2003 dated 5. 5. 2003 and the decision of the Apex Court in AIR 2008 SCW 937 and submits that service rendered by the petitioner in District of Junagadh will have to be considered for counting and considering 9 years of service even though request made by the petitioner to transfer her in the Ahmedabad District.

(3.) IN view of the law laid down by the Apex Court in the case of State of Maharashtra and Ors. v. Uttam Vishnu Pawar reported in 2008 AIR SCW 937 and the Division Bench Judgment in the case of Dwijen Chandra Sarkar and Anr. vs. Union of India and Ors. Reported in 1999 AIR SCW 265, the impugned order dated 20. 10. 2003, deserves to be quashed and set aside and benefits of service rendered by the petitioner in the District of Junagadh, will have to be given to the petitioner towards counting and calculating 9 years of service for first higher pay scale as per the Government Resolution dated 31. 3. 1994. It is made clear that pay scale of the petitioner will have to be fixed by the respondent authority within 8 weeks from the receipt of writ/order of this Court. This petition is allowed. Rule is made absolute with no order as to costs.