MUKUNDBHAI GOPALJIBHAI GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr. B.B.Gogia, assisted by Mr. Anand Gogia, learned counsel appearing for the appellant and learned Assistant Government Pleader Mr. N.J.Shah appearing for the respondents.

(2.) BRIEF facts of the case are that the appellant was appointed on 19.4.1978 as Tracer in the pay scale of Rs. 260-400. His pay scale was revised with effect from 1.1.1986 in the cadre of Tracer and he was given the pay scale of Rs. 1150-1500. The appellant completed nine years service as Tracer on 19.4.1987 before the next higher grade pay scale which was admissible to the appellant after completion of nine years service could be granted to the appellant. On 23.6.1987 the appellant was promoted on the post of Assistant Draftsman in the pay scale of Rs. 1320-2040. The pay scale of Assistant Draftsman was revised in the year 1998 with effect from 1.1.1986 and the pay scale of Assistant Draftsman became Rs. 4000-6000. It appears that on 23.6.1996, the appellant was granted next higher pay scale of Draftsman as he had completed nine years service, as the appellant at that time was working as Assistant Draftsman. The Audit raised an objection that the appellant was granted higher grade pay scale of Draftsman after completion of nine years service though according to Audit, the appellant was entitled to next promotional higher pay scale of Assistant Draftsman.

(3.) IN the result, this Appeal succeeds and is allowed. The order of the learned Single Judge dated 13.10.2010 passed in Special Civil Application No. 12599 of 2010 as well as the order dated 29.6.2010 passed by the respondent no.3 Annexure "A" to the writ petition is also set aside. If any amount has been recovered from the appellant, the same shall be refunded back to the appellant within a period of four months from the date certified copy of this judgment is produced before respondent no.2. Rule made absolute. The parties shall bear their own costs.