PARAGBHAI BHAGWANDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates. These three petitions involve identical question of law in similar set of facts. Hence, with the consent of the learned advocates, these petitions are finally disposed of by this common judgment.

(2.) The petitioner in Special Civil Application No. 1179 of 2002 is a Gram Sevak serving in the District Panchayat, Patan. The said petitioner was appointed as a Gram Sevak by the District Panchayat, Kachchh on 12th June, 1981. Pursuant to the request made by the petitioner, on 23/02/1988, the said petitioner's service was transferred to District Panchayat, Mehsana on condition, inter alia, that he should lose his seniority under the District Panchayat, Kachchh. Since then, on bifurcation of District Panchayat, Mehsana, the petitioner has been allotted to the District Panchayat, Patan. Under Order dated 5/11/1992 made by the Deputy Director of Agriculture [Extension], District Panchayat, Mehsana [Annexure-C to the petition], the petitioner was given benefit of higher pay-scale under the Government Resolution dated 5/07/1991 as modified from time to time. The petitioner's pay was revised with effect from 12/06/1990 i.e. from the date the petitioner completed nine years' service as Gram Sevak. The said date of grant of Higher Grade Scale has been revised under Order dated 1 9/02/1999 [Annexure-A to the petition]. The said petitioner is held to be eligible to Higher Grade Scale from 23rd February, 1997 i.e., on completion of 9 years' service as Gram Sevak in Mehsana District Panchayat.

(3.) The petitioner in the above Special Civil Application No. 1180 of 2002 is an Extension Officer [Agriculture]. The said petitioner was initially appointed as Extension Officer [Agriculture] on 17th April,1982 in the District Panchayat, Baroda. Since then, at the request made by the petitioner, the petitioner was on 3 1/12/1984 transferred to District Panchayat, Banaskantha. On a further request made by the petitioner, under Order dated 2nd January, 1989 made by the Development Commissioner, the petitioner was transferred to District Panchayat, Mehsana on condition, inter alia, that the petitioner shall not claim seniority over the person serving in the Mehsana District Panchayat on the date of his transfer. Under order dated 23/01/1993 made by the Dy. Director of Agriculture [Extension], District Panchayat, Mehsana [Annexure-C to the petition], the petitioner was given the benefit of Higher Grade Scale under the Government Resolution dated 5/07/1991 as modified from time to time. The petitioner's pay was revised w.e.f 17th April, 1991 i.e., on completion of 9 years' service as Extension Officer from the date of his initial appointment i.e. 17/04/1982. Under Order dated 1 6/06/1994 [Annexure-A to the petition], the date of grant of Higher Grade Scale to the petitioner has been revised to 1st May, 1988 i.e. from the date of petitioner completed 9 years' service as Extension Officer in Mehsana District Panchayat.