KANTILAL BECHARLAL RAJKOTIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition appears to be a 3rd attempt by the petitioner seeking a relief and praying for being awarded a second higher pay scale, to which he claims he was entitled to.

(2.) The petitioner initially filed SCA No.3030/2002 before this Court praying that the petitioner is entitled to a second higher grade which the petitioner is being denied though, a recommendation was made on 16.9.2000. the copy of the petition is on record. In that petition, the averment was that one Mr.B.J. Patel was given the second higher grade pay on a representation made by him. The case of the petitioner was that he was similarly situated. Perusal of the affidavit in reply in the afor made by him. The case of the petitioner was that he was similarly situated. Perusal of the affidavit in reply in the aforesaid petition indicates that the stand of the government was that the petitioner was not eligible since he did not possess a qualification of Diploma in Mechanical or Automobile or Agriculture Engineering of a recognized university with about 7 years of experience or second class degree. The stand of the respondent was that the certificate of the petitioner was from Gulshan Institute of Automobile (India) which is not a recognized institute. The petition was disposed of by an order dated 2.8.2016 as it was brought to the notice of the Court that the State Government had rejected the representation of the petitioner. The rejection was communicated to the petitioner on 8.8.2016.

(3.) Mr.Antani, learned AGP for the respondent - State drew the attention of the Court to the communication of 8.8.2016 and submitted that the communication reiterates the stand of the government as reflected in the affidavit in reply, inasmuch as holding that the petitioner is not qualified for the second higher grade pay scale. That communication was a subject matter in SCA No.21490/2016. This Court, by an order dated 16.10.2019 considering the petition failed, passed the order. Relevant paragraphs 4 to 7 are as under: