NANDLAL HARIBHAI BHATA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner challenges the inaction on the part of respondents No.3, 4 and 5 for not extending benefit of revised pay scale of Rs.1150-1500 as per the provisions of Gujarat Civil Services (Revision of Pay) Rules, 1987 (hereinafter referred to as 'ROP Rules, 1987') to the Operation Theatre Assistants, i.e. Class-III servants grade, to the petitioner though he has been promoted by Civil Surgeon, Rajkot with effect from 15.6.1985, as being illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(2.) THE petitioner has joined Civil Hospital at Rajkot on the post of Ward Servant w.e.f. 16.10.1973 through Employment Exchange. He has been promoted by an order dated 15.6.1985 on the post of Operation Theatre Assistant in the pay scale of Rs. 200-3-206-250. It is clarified by respondent No.4 that as per BCSR Rules 9(27), the post of Operation Theatre Assistant is to be treated as class-III post. After 1.6.1987, the petitioner has been given benefit of higher pay scale on completion of 9 years continuous service. At the relevant point of time, the petitioner was drawing pay scale of Rs. 775-1025 since 1.6.1987. The petitioner has come to know that the identical persons like him at Irwin Hospital, Jamnagar are getting pay scale of Rs. 1150-1500 as per ROP Rules, 1987. The petitioner has made several representations for revision of pay scale at par with others but the respondents have not extended the benefit of revised pay scale from Rs. 775-1025 to Rs. 1150-1500 from 1.1.1986 till 31.12.1995 and thereafter from 1.1.1996 onwards the pay scale from Rs. 2650-4000 to Rs. 4000-6000 of Operation Theatre Assistants to him. Hence he has filed this petition.

(3.) LEARNED AGP appearing for the respondents submitted that it is not the case of the petitioner that he is metriculate. He further submitted that in the entire petition the averments of the petitioner is that his case is squarely covered by decision dated 5.12.1991 of the learned Single Judge of this Court rendered in Special Civil Application No. 3196 of 1989 but the same is not a good law. Learned AGP has drawn attention of this court to the decision in State of Gujarat V. Narayanbhai Dharmabhai Kadam [2001 (0) GLHEL-HC 212250:2001 JX (Guj) 569] and submitted that the Division Bench of this Court has settled this legal position by its order dated 23.3.2001 and the latest ratio laid down therein will squarely and directly applicable to the issue involved in this case on hand. Paragraphs No.4, 5 and 6 of the said judgment is extracted hereunder: