GIRISHCHANDRA G. PUNJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the present writ petition, the petitioners have, inter alia, prayed for the following relief;-

(2.) The case of the petitioner is that the petitioners are working in the office of the Nagar Prathmik Shikshan Samiti, Jamnagar run by the Jamnagar Municipal Corporation, Jamnagar. Initially, they were appointed as Junior Clerks. Thereafter, the respondent No. 4 extended the benefit of Higher Pay scale to the petitioners in the cadre of Head Clerk-cum-Accountant in the pay-scale of Rs.950-1500/- (revised to Rs.5000-8000/-) by the order dated 06.07.2000. Thus, the petitioners were granted the first higher pay-scale in view of the Government Policy of Rs.5000-8000/-. It appears that thereafter the said higher pay scale was withdrawn, which was subject matter to filing of the writ petition being Special Civil Application No.23435 of 2006 and allied matters. After the said matters were disposed of by the order dated 17.11.2006 by directing the respondents to consider the representation of the petitioner, the respondent passed the order dated 04.05.2007 reducing the higher pay-scale of the petitioner from Rs.4500-8000 to Rs.4000- 6000/-. The petitioners, thereafter, filed the Special Civil Application No. 12616 of 2007 and allied matters, challenging the order dated 04.05.2007. The aforesaid writ petition was disposed of vide order dated 25.07.2007 by issuing direction to the respondent No. 2 Director of Primary Education to decide the representation dated 27.12.2006 made by the petitioners and also to reconsider the order dated 04.05.2007 passed by the respondent No. 4 and then passed a reasoned order. Thereafter, the petitioners were heard by the respondent authorities and by the impugned order dated 29.10.2007, the request of the petitioners was rejected by the respondent authority on the ground that since there is no promotional post of Senior Clerk and as per the provisions of the resolution dated 11.01.1994, the post of Head Clerk is only required to filling up by way of promotion by considering the seniority, hence, the petitioners are not entitled to the higher pay scale of Rs.5000-8000/- meant for the post of head clerk. By the order dated 04.05.2007, the respondent Nagar Palika, while taking the aforesaid stand, has rejected the case of the petitioner for grant of higher pay scale of Rs.5000- 8000/-.

(3.) Learned advocate Mr. Hasit Joshi appearing for the petitioners has submitted that the petitioners are being denied the higher pay scale of Rs.5000-8000/- since the promotional post of Junior Clerk is Head Clerk and as per the provisions of the resolution dated 16.08.1994, more particularly paragraph nos. 3 (2) and 3(3), the petitioners are entitled to higher pay scale of the promotional post.