SCA/15820/2004 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 158 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE ANANT S. DAVE ========================================= === 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 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 ? 5 Whether it is to be circulated to the civil judge ? ========================================= === ARUNABEN C DAVE - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================= === Appearance : MR IS SUPEHIA for Petitioner(s) : 1, MR VIPUL MISTRY ASST. GOVERNMENT PLEADER for Respondent(s) : 1, MR HARSHADRAY A DAVE for Respondent(s) : 2, ========================================= === CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 21/07/2008 ORAL JUDGMENT 1. This petition under Article 226 of the Constitution of India challenges the order dated 20th October, 2003 passed by SCA/15820/2004 2/3 JUDGMENT respondent No.2, by which, the case of the petitioner is not considered for first higher pay scale, on the ground that the petitioner had requested for transfer from Junagadh to Ahmedabad. 2. Shri Supehia, learned advocate, for the petitioner, submits that the above decision is contrary to the law laid down by this Court in Letters Patent Appeal No.229, 230, 231 of 2003 dated 5.5.2003 and the decision of the Apex Court in AIR 2008 SCW 937 and submits that service rendered by the petitioner in District of Junagadh will have to be considered for counting and considering 9 years of service even though request made by the petitioner to transfer her in the Ahmedabad District. 3. In view of the law laid down by the Apex Court in the case of State of Maharashtra & Ors. v. Uttam Vishnu Pawar reported in 2008 AIR SCW 937 and the Division Bench Judgment in the case of Dwijen Chandra Sarkar and Anr. vs. Union of India and Ors. Reported in 1999 AIR SCW 265, the impugned order dated 20.10.2003, deserves to be quashed and set aside and benefits of service rendered by the petitioner in the District of Junagadh, will have to be given to the petitioner towards counting and calculating 9 years of service for first higher pay scale as per the Government Resolution dated 31.3.1994. It is made clear that pay scale of the petitioner will have to be fixed by the respondent authority within 8 weeks from the receipt of writ/order of this Court. 4. This petition is allowed. Rule is made absolute with no order as to costs. SCA/15820/2004 3/3 JUDGMENT [ANANT S. DAVE, J.] //smita//