DEVENKUMAR YAGNIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri Pranav Dave, learned AGP waives service of notice of rule on behalf of respondents nos. 1 and 2 and Shri Dipak Raval, learned advocate waives service of notice of rule on behalf of respondents nos. 3 and 4.

(2.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction directing the respondents to grant first higher grade scale to the petitioner from the due date i. e. 15/07/2005.

(3.) IT is not in dispute that there is an order in favour of the petitioner passed by the learned Single Judge dated 12/02/2008 in Special Civil Application Nos. 12721/2007 and 12722/2007, which came to be confirmed by the Division Bench vide order dated 06/10/2008 in Letters Patent Appeal No. 789/2008 and allied matters. The Division Bench has specifically observed that the petitioner cannot be denied the benefit of higher pay scale on the basis of their total service.