RANCHHODLAL SADAJI SISODIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Rakesh Patel, learned advocate for the petitioner and Mr. Kurven Desai, learned AGP for the respondent State.

(2.) By an impugned decision dtd. 18/11/2019, the petitioner has been denied the benefit of the higher grade scale on the ground that the petitioner is not so entitled to it, in view of the sub-clause (b) of para 4 of the resolution dtd. 31/3/2005 which stipulates that in the event an employee is faced with a major penalty, such an employee is not entitled to the benefit of higher grade scale. This decision is under challenge in the present petition.

(3.) The facts in brief in the present case would indicate that pursuant to departmental proceedings against the petitioner on account of unauthorized leave with respect to the period from 7/9/1991 to 3/4/1994, a penalty was imposed by order dtd. 11/11/1998. Reading the order of penalty indicates that the petitioner was inflicted with penalty of stoppage of five increments with future effect.