K.K.GOHIL versus STATE OF GUJARAT AND OTHERS

K.K.GOHIL versus STATE OF GUJARAT AND OTHERS

The appellant is entitled to higher pay scale after completion of nine years as the departmental examination was not conducted in the eligibility period. Withdrawal of benefit was not justified as subsequent Government circulars require timely conduct of such examination. High Court order set aside.

Parties
Appellant: K.K. Gohil; Respondents: State of Gujarat and Others
Jurisdiction
India
Judgment Date
12 August 2015
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed, High Court order set aside
Legal Topics
Higher Grade Scale, Departmental Examination, Entitlement to Pay Scale, Withdrawal of Benefits
Service Law Higher Grade Scale Departmental Examination Entitlement to Pay Scale Withdrawal of Benefits

Case Brief

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Parties

K.K. Gohil

Appellant

State of Gujarat and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether withdrawal of higher grade scale for non-passing departmental examination was justified
  2. 2 Whether subsequent Government Circulars affect entitlement

Ratio Decidendi

The appellant is entitled to higher pay scale after completion of nine years as the departmental examination was not conducted in the eligibility period. Withdrawal of benefit was not justified as subsequent Government circulars require timely conduct of such examination. High Court order set aside.

Court Disposition

Appeal allowed, High Court order set aside

Orders

  • Impugned order passed by the High Court set aside
  • Appellant entitled to higher pay scale on completion of nine years of service