1. Heard Ms. Bhoomi M. Thakore for the petitioner. It is indicated that the petitioner has retired on attaining the age of superannuation on 28th February 1988. The petitioner was entitled to 3 higher grade scale as per the policy of the government dated 5th July 1991. Subsequently order was also passed by the Office of the Commissioner of Higher Education on 17th October 1996 Annexure-D page 18. Thus, on the basis of the said office order, prima facie, it appears that there is no dispute that the petitioner is entitled to all the three Higher Grade Scales. It is indicated by the learned Advocate that the only objection raised with regard to said office order is that the 3rd Higher Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jan 26 02:27:03 IST 2016 C/SCA/9377/2000 ORDER Grade Scale of the pay scale of Rs.2200-4000 then prevailing, the Commissioner of Higher Education could not have granted that scale since it was within the competence of the Government in Education Department. It is also indicated that even if the said Higher Grade Scale is kept aside for the time being, the first two Higher Grade Scales which were granted, even the said benefit is actually not given to the petitioner and the same has remained on papers.
2. The petition was filed in the year 2000 and it is indicated that the petitioner died on 16 December 2003.
3. Learned A.G.P. Ms. Jyoti Mehta prays for time. At her request list on 25th January 2013.
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