SCA/291/2003 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 291 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? No 2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy of the judgment ? No 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? No 5 Whether it is to be circulated to the civil judge ? No ========================================================= PRAVIN KANTILAL RATHOD - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR PARESH UPADHYAY for Petitioner(s) : 1, Mr. S.P. Hasurkar, AGP, for Respondent(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 14/03/2008 ORAL JUDGMENT The present petition is filed impugning reduction of pay scale. Recovery part was stayed at the time of admission. The learned counsel for the SCA/291/2003 2/3 JUDGMENT petitioner restricts the prayer so far the recovery part of the enhanced emoluments is concerned. For future he gives up the claim. The petitioner now intends to retire voluntarily and therefore, pendency of this petition is likely to come in his way. Under these circumstances, the petitioner will be satisfied if the impugned order is quashed to the extent of ordering past recovery. The petitioner is ready and willing to give up his challenge to the impugned order so far it has the prospective applicability, without past recovery. The impugned order is already implemented so far prospective reduction of pay is concerned. The learned A.G.P. does not concede to it. But in view of judgement of the Hon'ble Supreme Court in the case of P.H. REDDY & ORS. Vs. N.T.R.D. & ORS. Reported in 2002(2) S.L.R. 694 and the judgement of this Court in Letters Patent Appeal No. 578 of 2000 decided on 4.4.2001 in the case of I.C. PATEL VS. GUJARAT HOUSING BOARD and the judgement in the case of M.M. PATEL VS. STATE OF GUJARAT decided on 28.1.2003, this Court is of the opinion that the subject matter of this petition is covered by the decisions of the Hon'ble Supreme Court and this Court wherein past recoveries have been held to be not recoverable. In that view of the matter, this petition is allowed to the extent of past payment and that payment will not be recovered from the SCA/291/2003 3/3 JUDGMENT petitioner. Rule is made absolute to the aforesaid extent only. For other relief, the petition is permitted to be withdrawn and disposed of as withdrawn. (BHAGWATI PRASAD, J) (pkn)