ANAND DISTRICT PANCHAYAT Vs. MAHENDRASINH A. RANA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed challenging the order dtd. 10/1/2017 passed by the Gujarat Civil Services Tribunal at Gandhinagar in Appeal No.50/2004 by which the respondent was directed to be paid the first higher pay scale of Rs.5000.008000 in the cadre of Senior Clerk w.e.f. 16/6/1999 as by that time, the respondent had completed more than nine years in one cadre and therefore, the benefit of the Government Resolution, governing the grant of higher pay-scale dtd. 16/8/1994 was extended.

(2.) The petitioner before this Court is the District Panchayat which has raised a contention that the Tribunal was unable to appreciate the contention of the petitioner with regards to the grant of higher pay scale as the petitioner who was in the scale of Rs.4000.00 to 6000/- had not reached upto the basic pay of of Rs.6000.00 and thereafter, had not stagnated for a period of one year in the pay of Rs.6000.00 and therefore, he was not entitled to receive the benefit. Learned advocate has drawn attention of this Court to the relevant portion of resolution of 1994, indicating that it is only on completion of one year after reaching at the maximum stage in the pay-scale of concerned higher/promotion post whichever is later, the concerned employee shall be payable second and third higher scale from that date.

(3.) Learned advocate appearing for the respondent has taken this Court through the documents placed on record which indicated the chronology of pay-scales of the respondent and after 1987, the increment was given. Learned advocate has submitted that the simply calculating the date on which the petitioner was given promotion in the post of Senior Clerk, the respondent was not given any other promotion for a period of 9 years and therefore, according to the Government Resolution, the petitioner had stagnated and therefore, entitled to the higher pay-scale in the cadre of Senior Clerk.