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Visheshwarsingh P Bhadauria & 1 vs State Of Gujarat

High Court Of Gujarat|08 October, 2012
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JUDGMENT / ORDER

1. The petitioner has preferred the present petition for appropriate directions to the respondents to reconsider the case of the petitioner for grant of Higher Pay-Scale, on completion of 9th, 18th and 27th years of service and to revise the pension accordingly and also to grant terminal benefits, as per the benefits, which may be conferred.
2. The respondent is served and Mr. Patel, learned AGP, has appeared on behalf of the respondent, but, he is unable to show any reply filed in the present petition.
3. A perusal of the communication dated 09.03.2001 and produced at 'ANNEXURE-C', issued by the Director General of Police, shows that the representation of the petitioner was earlier considered and the petitioner was granted the benefit of Higher Pay-Scale on 01.06.1987 and it has also been communicated that, now, no further action is to be taken. Since, no reason is coming on record for non-granting of 2nd and 3rd Higher Pay-Scales to the petitioner in the impugned communication dated 09.03.2001 and as no affidavit-in-reply has been filed stating any reason, it would be just and proper to issue the following directions:
(i) The respondent shall examine the matter on entitlement of the petitioner for 2nd and 3rd Higher Pay-Scales and take a decision, within a period of SIX MONTHS from the date of receipt of the order and communicate the same to the petitioner by R.P.A.D..
(ii) In the event, the decision is taken to grant 2nd and 3rd Higher Pay- Scales to the petitioner, the respondent shall also be required to grant difference of RETIRAL BENEFITS and the pension of the petitioner shall also be required to be REVISED.
(iii) The aforesaid exercise shall be undertaken simultaneously and preferably, in any case, within ONE MONTH from the date of the communication of the said order.
4. The present petition is DISPOSED OF in terms of the aforesaid directions. Rule is made absolute to the aforesaid extent.
(JAYANT PATEL, J.)
Umesh/
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Title

Visheshwarsingh P Bhadauria & 1 vs State Of Gujarat

Court

High Court Of Gujarat

JudgmentDate
08 October, 2012
Judges
  • Jayant Patel
Advocates
  • Mr Tr Mishra