BHUPATRAI JHAVERILAL BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondents.

(2.) This petition under Article 226 of the Constitution of India is filed by the petitioner seeking 2nd higher pay-scale in terms of the policy of the State Government under the Government Resolution dtd. 16/8/1994. It is the case of the petitioner that the petitioner who had joined the services w.e.f. 2/5/1970 was entitled to the first higher pay-scale on completion of 9 years of service in one post. It is submitted that the respondents in not granting him the benefit of first higher pay scale on completion of nine years of service in one post, one pay scale from 2/5/1970 means he ought to have been granted the benefit of first higher pay scale from May, 1979 instead of the year 1988 in which he was granted such benefit as per the Government Resolution dtd. 16/8/1994. The respondents released benefit of first higher pay scale after the petitioner cleared Pre Service Training Examination in the year 1987 but such benefit should have been released in his favour with retrospective effect from May, 1979 instead of the year 1988.

(3.) The petitioner is also challenging the action on the part of the respondents in not granting him benefit of 2" Higher Pay Scale on completion of 18 years of service from 1986 as per his entitlement at the relevant time. The order passed by the Superintending Engineer, Bhavnagar Irrigation Scheme Circle, Bhavnagar dtd. 28/2/2011 whereby the said authority has held that the petitioner is not entitled for the benefit of second Higher Pay Scale. It is submitted that based on the circular of the District Assistant Inspector, Local Fund Accounts Bhavnagar dtd. 20/1/2011, the said respondent authority has rejected the claim of the petitioner for 2nd higher Pay Scale since the petitioner has retired prior to 2/7/2007. That during the span of his service from the year 1970 till 31/7/2005 date on which he retired, he got only one promotion as senior clerk in the year 2003 on 3/3/2003 and the petitioner joined post of promotion on 28/3/2003 and though entitled, he has not been given the benefit of promotion to the higher post or the benefit of second Higher Grade Pay Scale as per GR dtd. 16/8/1994 and deprived him of such benefits.