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Sudhakar vs Head

High Court Of Gujarat|20 June, 2012

JUDGMENT / ORDER

1. Para 11 of the Letters Patent Appeal No. 1069 of 2004 in Misc. Civil Application No. 2149 of 2003 reads as under:-
"11. In view of the aforesaid facts and circumstances and the material on record and considering the submissions made by the learned counsel for the parties and in view of the interpretation of the different Government Resolutions referred hereinabove, aforesaid Letters Patent Appeals are partly allowed to the extent that the Government has all power, authority and jurisdiction to issue clarificatory or amended resolution dated 16.10.1993 whereby the words "Selection Grade" can be read in Clause -XV of GR dated 5.7.1991. However, the said amended or clarification is not applicable to the present petitioners because the petitioners have already got benefit of selection grade on the basis of resolution dated 16.09.1976. The petitioners are entitled to benefit of selection grade as well as higher grade scale. Looking to the peculiar facts and circumstances of the case, since the petitioners have got their selection grade in the year 1973 or in the year 1976 or in the year 1979 on the basis of the resolution dated 16.09.1976 which is much prior to GR dated 26.12.1985."
2. However, Mr. Pranav Dave, learned AGP requests for time to go through the judgment and file additional reply, if required. Office is directed not to show Civil Application No.6321 of 2011 on the Board. List on 26th July, 2012.
[K.S.JHAVERI,J.] siddahrth// Top
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Title

Sudhakar vs Head

Court

High Court Of Gujarat

JudgmentDate
20 June, 2012