CHIMANBHAI BABARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the appellant herein has challenged the oral judgment dtd. 18/8/2022 passed by the learned Single Judge in Special Civil Application No.16019/2015, by which the learned Single Judge has dismissed the petition wherein the petitioner had prayed as under:

(2.) Learned advocate Ms. R.V. Acharya appearing for the appellant herein - original petitioner would submit that there is ample material to establish that the appellant is entitled for higher pay scale from the year 1999 and therefore, the prayers were made accordingly. She would submit that the learned Single Judge ought to have examined the merits of the case. She would submit that subsequent to opting Voluntary Retirement Scheme (VRS), the appellant had made several representations however, the same were not considered and therefore, the captioned petition was filed in the year 2015. She, therefore, would submit that appeal be admitted and be decided on merits.

(3.) On the other hand, learned AGP appearing for the respondent No.1 has supported the reasons assigned by the learned Single Judge while dismissing the captioned petition. He would submit that the appellant was aware that he is entitled for higher pay scale from the year 1999 however, in the year 2006 when he was promoted and put in particular pay scale, he did not challenge the same. He would further submit that the appellant even availed voluntary retirement in the year 2011 and thereafter not filed petition till the year 2015 and therefore, in such circumstances, the learned Single Judge has committed no error in dismissing the petition. He therefore submits that the appeal be dismissed.