RAJKOT DISTRICT PANCHAYAT Vs. S J RAJGURU

JUDGEMENT

(1.) The respondent herein was serving as a Live Stock Inspector under the petitioner-Rajkot District Panchayat. On his completion of 9 years of service in the said cadre, he was granted higher pay scale with effect from 01-06-1991 vide order dated 28-12-1992. The District Development Officer by his order dated 30-12-1998 directed withdrawal of the said benefit of higher pay-scale on the ground that the respondent refused to accept promotion. The order dated 15-05-1998 by which he was granted promotion as Extension Officer contained a condition that on refusal to accept the promotion, the higher pay-scale benefit would be cancelled.

(2.) Learned advocate Mr. H.S. Munshaw appears for the petitioner. Learned advocate Mr. Asit B. Joshi working the brief for learned advocate Mr. P.M. Dave, is for the respondent.

(3.) Going into the merits of the matter is not necessary, because there is a substance in the contention of learned counsel for the petitioner, as the point raised is no longer res-integra in view of the decision of this Court in (i) State of Gujarat v. B.L. Trivedi & another being Special Civil Application No. 1852 of 2004 decided on 27-08-2004; (ii) State of Gujarat v. Geeta D. Patel being Special Civil Application No. 13653 of 2005 decided on 26-10-2005 and (iii) State of Gujarat v. B.M. Anjara being Special Civil Application No. 7350 of 2000 decided on 25-04-2012.