SNEHLATA V SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The issue involved in the present petitions is whether the petitioners are entitled to higher grade scale from completion of 9 years of service from the date of appointment or from the date of passing the departmental examination.

(2.) Present petitions are filed by Child Development Project (Female) Officers. Petitioners of Special Civil Applications No.487 of 2010 and 489 of 2010 have retired from service on 31.10.2009 and 31.3.2009 respectively. All the petitioners were appointed as Mukhya Sevikas between the year 1976 to 1982. It is an admitted position that the petitioners have to clear the departmental examination for becoming eligible for the higher grade scale.

(3.) Initially, by various orders, all the petitioners were granted first higher grade scale after completion of 9 years of service from the date of appointment under the Resolution dated 16.8.1994. The State Government thereafter passed the Resolution dated 25.7.2002 stating that Mukhya Sevikas like the petitioners shall be granted the first higher grade scale from the date of passing the first departmental examination. Pursuant to the aforesaid resolution, respondents No.2 and 3 passed the consequent orders modifying the orders of higher grade scales. The petitioners were granted the first higher grade scale from the date of passing the examination instead of from the date of appointment.