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Mukesh vs Bhavnagar

High Court Of Gujarat|28 June, 2012
Heard Mr. Mehta, learned Senior Counsel with Ms. Bhatt, learned advocate for the petitioner on the point of interim relief.
Rule.
Expedited.
Mr.
Munshaw, learned advocate waives service of notice of rule on behalf of the respondent.
Heard the learned Advocates on the aspect of interim relief. It is pointed out that the higher pay scale was granted to the petitioner by mistake which is disputed by the petitioner. On behalf of the petitioner it is submitted that the impugned order may be stayed and the petitioner may be continued in the higher pay scale on the petitioner filing an undertaking to return the amount of difference of higher pay scale. However, it is submitted on behalf of the respondent that if the petitioner is continued on higher scale and ultimately if he fails in the petition, it will be difficult to recover the amount paid to him as his pension amount would be only about Rs.10000/- per month. Apart from that by staying the order of grant of higher pay scale would amount to allowing the petition at this stage.
Having considered the facts and circumstances of the case, interest of justice would be met by passing the following order:
Only recovery of the amount from the petitioner in pursuance of grant of higher pay scale is stayed.
If the petitioner succeeds in the petition, he shall be paid interest on the difference amount to be paid to him. The rate of interest will be decided by this Court at the time of passing of final order. The responsible officer of the Corporation will file an undertaking before this Court to the effect that if the petitioner succeeds in the petition the amount due to the petitioner will be paid within a period of 45 days from the date of the order along with interest as may be decided by this Court. Such undertaking will be filed within a period of three months from today by passing appropriate resolution in the Standing Committee meeting of the Corporation.
It will be open for the petitioner to move for early hearing of the petition.
(K.S.JHAVERI, J.) niru* Top
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Title

Mukesh vs Bhavnagar

Court

High Court Of Gujarat

JudgementDate
28 June, 2012