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R N Pandy Since Decd. Thro Hisheirs ... vs State Of Gujarat &

High Court Of Gujarat|14 December, 2012

JUDGMENT / ORDER

1. Heard, Mr.Pinakin M. Raval, learned advocate for the petitioner and Mr.Vinay Shukla, learned Assistant Government Pleader for the State.
2. The grievance made by the petitioner is that the petitioner was denied his first higher grade scale which was due in the year April, 1999. The justification put forward by the Authority to deny first higher grade scale is that there were adverse entries in the Annual Confidential Report of the relevant years, which is relevant to decide the entitlement of the petitioner in the year 1999. It may be noted that the said adverse Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Jan 14 02:56:00 IST 2016 C/SCA/11092/2002 ORDER entries were communicated to the petitioner very late. Legality of those adverse entries is also under challenge by way of a substantive petition. It is indicated that the petitioner died during the pendency of this petition and legal heirs have been brought on record. Since adverse entries in the Annual Confidential Report resulted into denial of the higher grade scale of the petitioner, which, in turn would have bearing on the terminal benefits available to the family of the petitioner and therefore, legal heirs will have locus to continue the present proceeding. Learned Assistant Government Pleader seeks time. At his request, List on 20th December,2012.
3. Standing instructions with regard to communication of the adverse entries to the concerned employee, with specific reference to time schedule thereof, shall be placed on record by learned Assistant Government Pleader on the next date of hearing. S.O. to 20th December,2012.
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Title

R N Pandy Since Decd. Thro Hisheirs ... vs State Of Gujarat &

Court

High Court Of Gujarat

JudgmentDate
14 December, 2012