LAWS(GJH)-2022-8-1011

CHIMANBHAI BABARBHAI PATEL Vs. STATE OF GUJARAT

Decided On August 18, 2022
Chimanbhai Babarbhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with following prayers:-

(2.) Learned Advocate for the petitioner submitted that the petitioner was initially appointed as a Technical Assistant in the pay scale of Rs.290.00480 on 9/3/1983. It is submitted that thereafter, the petitioner was given promotion as over seer in the pay scale of Rs.1,350.00Rs.1800.00Rs.2200.00 on 1/3/1990. After this promotion, there was a new pay scale introduced in the year 1998. As per the 5th pay commission, higher pay scale was granted to the petitioner and he was placed in the pay scale of Rs.5000.00Rs.8000.00with effect from 15/3/1999.

(3.) As against this, learned AGP submitted that in the year 1999, the petitioner was very well aware about his service conditions and never raised any grievance with the respondent authorities for higher pay scale till filing this petition in the year 2015. It is submitted that petitioner has not raised any grievance for his higher pay scale for almost 16 years and further, the present petitioner has taken voluntary retirement in the year 2011. At that time also, he has not raised any grievance for higher pay scale, but only after getting all consequential benefits, the petitioner has filed the present petition belatedly after 16 years and therefore, the present petition is required to be dismissed on the ground of delay and laches.