KUTCH DISTRICT PANCHAYAT Vs. V. S. BHARADIYA

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, the Kutch District Panchayat - petitioner has challenged the order dtd. 10/4/2018 passed by the Gujarat Civil Services Tribunal in Appeal No. 384 of 2000. By the impugned order under challenge, the respondent's appeal before the Tribunal for granting first higher pay scale of Rs.1640.002900 on completion of 9 years from the date of his initial appointment was allowed. This order of the Tribunal is under challenge.

(2.) Mr. H.S. Munshaw, learned advocate for the petitioner Panchayat would submit that the petitioner was appointed as a temporary social worker on 3/11/1970. The appointment was purely on temporary and adhoc basis in the pay scale of Rs.200.00310. Till the date of his voluntary retirement on 31/8/1998, the respondent continued on adhoc basis without his appointment being through proper channel.

(3.) Mr. Munshaw would further submit that since the respondent was not appointed after following due procedure of recruitment, the order of the Tribunal directing the petitioner panchayat to pay first higher pay scale with effect from 9/6/1987 was bad. He would further submit that it was evident from the reply filed before the Tribunal that in terms of his appointment order, which is placed at Annexure A of the petition, the appointment of the respondent was purely temporary and on adhoc basis and his services were liable to be terminated at any point of time. This therefore absolved the responsibility of the employer to award higher pay scale to the respondents.