STATE OF GUJARAT Vs. R. R. SEVAK

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dated 29.02.2016 passed by the learned Single Judge in Special Civil Applications No.10442 of 2003 whereby the learned Single Judge has allowed the petition and directed the appellants herein and the department to give the benefits of Higher Grade Pay Scale on completion of 9 years to the respondents herein, the appellants have filed the present Letters Patent Appeal under Clause 15 of the Letters Patent Appeal.

(2.) Brief facts of the present case is that the respondents herein original petitioners were appointed as Junior Clerks under the Centralized Recruitment Scheme by the Government and have completed 9 yeas of service in the cadre. It is the case of the original petitioners that the State Government has issued resolution for granting of Higher Grades on completion of 9 years of service. It is further the case of the original petitioners that though they have completed 9 years of service, they have not been granted Higher Pay Scale after completion of 9 years and department has insisted for passing of Lower Revenue Qualifying Examination (LRQ) for Higher Grade benefits. It is alleged by the original petitioners that the various persons have been promoted without qualifications even on ad-hoc basis. According to the original petitioners, they have not been granted the Higher Pay Scale on the ground that they have not cleared the examination in LRQ examination. It is further the case of the original petitioners that as per the rule of Revenue Department, especially, amended Rule 7 of 1972, such examination has to be conducted at least twice in a year. According to the petitioners, the respondent authorities have taken only five examinations within a period of 12 years. According to them, as the departmental examination was not conducted in time, they got no opportunity to appear in the examination and, therefore, non-granting of Higher Pay Scale from the date of completion of 9 years of service, the petitioners individually is not legal and valid. According to the original petitioners, granting of 9 years Higher Grade benefits has been delayed in favour of the petitioners. As the respondent authorities did not grant Higher Pay Scale, the petitioners have filed the aforesaid petition with the following prayers.

(3.) Heard Ms.Krina Calla, learned Assistant Government Pleader for the appellants original respondents and Mr.J. J. Yajnik, learned counsel for the respondents original petitioners. Perused the impugned judgment and order and the materials placed on record.