RAJESHKUMAR PRABHUDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this appeal, under clause 15 of the Letters Patent, is to the oral judgement dated 26.07.2018 rendered in Special Civil Application No. 7592 of 2013 by the learned Single Judge (Coram : Hon'ble Mr. Justice R.H. Shukla) whereby the petition filed by the original petitioners - present appellants invoking extraordinary jurisdiction under Article 226 of the Constitution of India seeking relief to the extent that the respondent authorities be directed to hold that in view of merger of posts of Mechanic and Supervisor, the posts of Mechanic and Supervisor also deserved to be merged with each other and also directing the respondent authority to issue necessary direction for merger of aforesaid posts with effect from 01.01.1996, came to be dismissed.

(2.) Certain facts recorded in paragraphs no. 2 and 2.1 of the writ petition as averred by the original petitioners are not in dispute and hence are reproduced hereinbelow which read as under:

(3.) Before us, Mr. N.K. Majmudar, learned advocate appearing on behalf of the appellants would contend that a substantial error has cropped up in the order passed by the learned Single Judge by not accepting the contention of the appellants to the effect that after merger of pay scale on the basis of Government Resolution dated 18.11.1999, the pay scale for the posts of Mechanic and Supervisor became one and the same and the revised pay scale prescribed for both the posts was Rs.4500-7000 and the pay scale for the next promotional post of Technical Assistant was prescribed that of Rs.5500-9000, on completion of 9 years of service and the appellants who were already promoted earlier as Supervisors in the year 2000, ought to have been granted the pay scale of the promotional post namely pay scale of Rs.5500-9000 since the appellants were already placed in revised pay scale of Rs.4500-7000 pursuant to their promotion.