CHANDRAKANT K DAVE Vs. DISTRICT JUDGE

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order dated 21.05.1998 passed by the respondent whereby the claim of the petitioner for one advance increment from July 1978, under Rule 53 of the B.C.S.R., came to be rejected.

(2.) The facts in brief are that in the year 1977 the petitioner was working as a Junior Clerk in the District Court, Rajkot. On administrative grounds, the District Judge, Rajkot, vide order dated 23.11.1977, promoted some non-qualified Junior Clerks, including the petitioner, to the post of Senior Clerk on condition that such employees will have to clear the Higher Standard Departmental Examination for regularization of their services on the said post. In July 1978, the petitioner cleared the said exam.

(3.) It is the case of the petitioner that he is entitled to one advance increment, on his attaining the requisite qualification for being promoted to the post of Senior Clerk, in view of the provisions of Rule 53 of the B.C.S.R. The petitioner had made an application dated 20.09.1990 to the respondent requesting to grant the same and thereafter, also sent several reminders. However, in the meantime, the petitioner retired from service on 31.12.1995. Ultimately, vide order dated 21.05.1998, the claim of the petitioner was rejected. Hence, this petition.