STATE OF GUJARAT Vs. SMITABEN R. PARIKH

JUDGEMENT

(1.) Heard Mr.Soaham Joshi, learned Assistant Government Pleader for the petitioner - State and Mr.Umang Oza, learned advocate for the respondent.

(2.) Challenge is to the order of the Gujarat Civil Services Tribunal in Appeal No. 76 of 2016. By an order dtd. 26/6/2018, the denial of the first higher pay scale on completion of 12 years on a post was set aside and the Tribunal held that the respondent shall be entitled to the first higher pay scale even after withdrawal of the pay-scale on refusal of promotion on completion of the stipulated number of years of service, the respondent shall be entitled to the first higher pay-scale.

(3.) Facts in brief would indicate that the petitioner was appointed as a Junior Clerk with the department on 18/12/1984 and from 18/2/1994, the respondent was granted the benefit of the First Higher Pay-Scale of Rs.1200.00 2,040/- on 10/6/1997 when the respondent was offered a promotional post of Senior Clerk, she refused promotion on 29/9/1997 as a result of her refusal to accept promotion, the petitioner-department, by an order dtd. 24/11/1997 withdrew the first higher pay scale granted in her favour. Subsequently, the respondent was promoted as a Senior Clerk on 9/4/2002 on which post she joined on 15/4/2002. At that point, the policy of 2/7/2007 had come into play. Therefore, on completion of 12 years of service in the cadre of Senior Clerk, she requested for the benefit of the First Higher Pay-Scale with effect from 15/4/2014. That was rejected on the ground that she having refused promotion in the year 1997, she would not be entitled to the benefit of the first higher pay-scale.