HASMUKHBHAI SHANTILAL MEHTA Vs. PRESIDENT SECRETARY

JUDGEMENT

(1.) Rule. Mr. Maulik G. Nanavati, learned Assistant Government Pleader, waives service of notice of Rule for respondent No. 3. Notices have been served upon respondent Nos. 1 and 2, but none appears on their behalf.

(2.) By way of the present petition under Art. 226 of the Constitution of India, the petitioner assails the impugned judgment of the Gujarat Secondary Education Tribunal ("the Tribunal" for short) dated 9-7-2010, rendered in Application No. 24 of 2009, whereby the said Application of the petitioner has been rejected on the ground of delay.

(3.) Briefly stated, the facts of the case are that the petitioner was initially appointed in the Sayaji High School, Vadodara on 3-9-1964, where he worked upto 13-5-1965. After prosecuting further studies, the petitioner was appointed as Assistant Teacher at Sardar Vallabhbhai Vidyalaya, Vadodara on 3-7-1967, and he worked at that place upto 9-6-1968. The petitioner, thereafter, acquired the qualification of B.Ed, and was appointed as Part-time Teacher in the School run by respondent No. 1. With effect from 15-6-1970, the petitioner was appointed as Full-time Teacher, and ever since then, he has been working in the said School. The case of the petitioner is that he was given the pay-scale of Rs. 440-750 in the year 1973 and the relevant entry regarding pay fixation was made in his Service Book. However, the petitioner was not given Selection Grade on completion of 15 years of service. He, therefore, filed Application No. 801 of 1987 before the Tribunal, which was allowed and the relevant entry regarding the grant of Selection Grade of Rs. 500-900 with effect from 13-1-1981 with one additional increment was made in the Service Book of the petitioner. Consequent upon the revision of pay-scales, the pay of the petitioner was fixed in the scale of Rs. 2000-3500 with effect from 23-2-1989 (at Rs. 2,375). The petitioner was appointed as Principal on 23-2-1989 and, thereafter, there was a further revision in pay-scales pursuant to the recommendations of the 5th Pay Commission. Accordingly, the pay of the petitioner was fixed in the scale of 6500-10,500. The grievance of the petitioner is that as per the Government Resolutions dated 27-10-1977 and 5-1-1965, he was entitled to one additional increment from the date of his promotion as Principal, which has not been granted to him. Aggrieved thereby, the petitioner filed the above-mentioned application in the Tribunal, which has been rejected on the ground of delay, by the impugned order.