MAHEMUDBHAI SULEMANBHAI SINDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Krina Calla, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents.

(2.) BY way of the present petition, the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 07/11/2008, Annexure C, withdrawing the higher pay-scale and for the recovery of the amount paid in excess on withdrawing the higher pay-scale.

(3.) THE petitioner was appointed as Police Constable and was further promoted as Head Constable in the year 1976. The petitioner was further promoted to the post of Assistant Sub-Inspector in the year 1983. The petitioner was given the benefit of higher pay-scale of Police Sub-Inspector on completion of nine years as Assistant Sub-Inspector and infact the petitioner was paid the higher pay-scale accordingly since 1992. Vide order dated 26/04/2007, the respondents passed an order withdrawing the higher pay-scale of Police Sub-Inspector paid to the petitioner on the ground that the petitioner has not passed the departmental examination. However, it was decided that there shall not be any recovery, by subsequent order dated 07/11/2008, the earlier order dated 26/04/2007 came to be modified and it was decided to recover the amount paid in excess on withdrawal of the higher pay-scale paid to the petitioner with effect from 1992.