BRAHMABHATT PRAFULCHANDRA MOTILAL Vs. STATE OF GUJARAT
LAWS(GJH)-2021-8-114
HIGH COURT OF GUJARAT
Decided on August 03,2021

Brahmabhatt Prafulchandra Motilal Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

K.K. GOHIL VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

A.S.Supehia,J. - (1.)Rule. Mr. Dharmesh Devnani, learned Assistant Government Pleader, appears and waives service of notice of rule on behalf of the respondent authorities.
(2.)The present petition has been filed by the petitioners seeking a direction directing the respondent authorities to grant the benefit of the first higher pay-scale to them from the dates on which they became eligible and not from the date on which they had cleared the Land Records Qualifying (LAQ) Examination with all the consequential benefits, including interest.
(3.)At the outset learned advocate Mr.Majmudar appearing for the petitioners has submitted that the issue is squarely covered by various decisions of the Apex Court as well as this Court. He has particularly placed reliance on the order dated 05.10.2016 passed in Special Civil Application No.18493 of 2015. Learned advocate Mr.Majmudar, while placing reliance on the chart at Annexure-A has submitted that it is not in dispute that the LRQ Examination, which is a prerequisite condition, for being entitled to higher pay-scale was held in the case of the petitioners from 30.04.2001 to 06.05.2001 and they cleared the same in their first attempt on 22.04.2002, however, though the petitioners were entitled on their respective dates as mentioned in the Chart (at Annexure-A), the higher pay-scales were granted from the date of declaration of the result of the LRQ examination i.e. 22.04.2002. Thus, he has submitted that the petitioners cannot be put to a loss for the inaction of the respondent authorities in not holding the examination in time i.e. when they became eligible.


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