STATE OF GUJARAT Vs. INDRAWADAN NATHALAL MEHTA

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the State is in appeal against the order of the Gujarat Civil Services Tribunal dated 30.11.2018. By the imupgned judgement and order of the Tribunal, the respondent has been granted benefit of the first higher grade scale of Rs.5000-8000 of the Head Clerk with effect from 16.06.1998.

(2.) Perusal of the Tribunal's order together with the service records of the petitioner would indicate that the petitioner was appointed as Junior Clerk on 05.02.1966. He was promoted as Senior Clerk on 05.06.1989. In accordance with clause 3(2) and 3(3) of the Government Resolution dated 16.08.1994 and having completed 9 years of service in the cadre of Senior Clerk as per the scheme the petitioner prayed before the Tribunal to grant him higher grade scale of the post of Head Clerk. Interpreting the resolution of the government in light with the decision of this Court rendered on 15.09.2006 in Special Civil Application No. 19691 of 2006, the Tribunal granted the relief.

(3.) Mr. Ishan Joshi, learned Assistant Government Pleader would assail the order of the Tribunal on the ground that reading of the resolution dated 16.08.1994 would indicate that an employee on completion of one year after reaching maximum stage in the respective higher promotional grade would not be entitled to benefit of higher grade scale. He would rely on the service book of the petitioner to suggest that the petitioner had reached the maximum of the scale that he was entitled to and therefore as per the preamble of the Government Resolution dated 16.08.1994 he would not be entitled to the benefit of higher grade scale. He would further submit that after having superannuated on 31.07.2000, the petitioner had approached the Tribunal after two years of his retirement.