DIRECTOR OF TECHNICAL EDUCATION Vs. BHARAT RAMANLAL SHAH

JUDGEMENT

(1.) This Letters Patent Appeal is preferred under Clause 15 of the Letters Patent by the State against oral judgment dated 02.07.2018 rendered by learned Single Judge in Special Civil Application No.11878/2007, whereby the original petitioner - respondent succeeded in seeking direction against original respondent - appellant herein of getting higher pay-scale with effect from 11.10.1982, that is, the date of initial appointment and not from subsequent absorption on 11.08.1988, upon he being declared surplus Junior Lecturer.

(2.) Certain facts taken not of by learned Single Judge and reflected in Paragraphs No.2, 3 and 4 of the judgment are not in dispute. We may safely reproduce the same:

(3.) After adverting to arguments canvassed by learned advocate for the petitioner and learned Assistant Government Pleader, learned Single Judge was of the view that the Government Resolution dated 16.08.1994 conferring benefits of higher pay-scales upon completion of respective years in service, namely, 9, 18 and 27 years for the first, second and third higher pay-scale etc. was issued so as to confer certain benefits upon employees who were stagnated because of lack of opportunities of promotion and to ward off any demoralising effect for further opportunities in service, such a scheme was introduced and was required to be interpreted sans technicalities.