RASIKLAL V AMBANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal under section 100 of the Code of Civil Procedure 1908 is at the instance of the original plaintiff who filed Regular Civil Suit No. 37 of 1985 seeking declaration that the action and orders of the Government of Gujarat in not giving deem date in Class-II and Class-I service is illegal, arbitrary, mala fide, without jurisdiction and contrary to the provisions of the State Reorganization Act, 1956, Bombay Reorganization Act, 1960, Allocated Government Servants Rules 1957 and contrary to Article 14 and 16 of the Constitution of India.

(2.) IT is the case of the plaintiff that the plaintiff was appointed as Senior Clerk in the Finance Department of the Government of Kachchh in February, 1949 and was then transferred and promoted as Audit Superintendent in the office of the Accounts Officer, Government of Kachchh in October, 1949. In 1954, Government of India reorganized the Accounts Office into Treasury Office and the plaintiff was re-designated as Head Accountant. On 1.11.1956, Kachchh State became part of bilingual State of Bombay and his post was equated with the post of Head Accountant in Treasury Office of the Bombay State with pay scale of Rs.180-250 as per the resolution of the Bombay State dated 28th February, 1958. The plaintiff was then absorbed as permanent head accountant under the State of Bombay as per the provisions of the allocated Government Servants (Absorption, Seniority, Pay and Allowances) Rules, 1957. The gradation list of the Head Accountants of erstwhile Bombay State and Kachchh State was prepared and published in which the plaintiff was shown at Sr. NO.2 as permanent Head Accountant from 3.10.1949 In September, 1958, Bombay Public Service Commission invited applications for the post of Treasury Officers. The plaintiff had applied in response to the said advertisement. He was interviewed and selected by the Bombay Public Service Commission for the post of Treasury Officer and as such, he was promoted and posted as Treasury Officer at Palanpur in November, 1959. On 1.5.1960, the State of Bombay was bifurcated into the State of Maharashtra and the State of Gujarat. The plaintiff became servant of the State of Gujarat as a Treasury Officer at Palanpur. In the State of Gujarat, separate department of Director of Accounts and Treasuries was created and three branches i.e. Treasury Office, Local Fund Audit Office and Pay and Accounts Office were made and head accountant of treasury, senior auditor of local fund audit office and superintendent of Pay and Accounts Office were included in Group I Cadre. The plaintiff was head accountant in the Treasury Cadre and included in Group-I Cadre. In 1969, the plaintiff was transferred as Senior Auditor (Group-I) in the Local Fund Audit Office at Jamnagar. In 1970, he was transferred at Bhuj (Kachchh) as Senior Auditor in the office of the Assistant Examiner, Local Fund Accounts at Bhuj and in May,1979, he was transferred and posted as Sub Treasury Officer at Gandhidham which was also Group-I post. In March, 1980, he was transferred as Office Superintendent in the office of the Assistant Examiner (Local Fund) Accounts. He continued in the said post till his retirement on 31st March, 1984.

(3.) ON the above averments, the plaintiff has prayed to declare that the action and orders of the defendant no.2 in not giving deemed date of Class II Service Grade from 1st/2nd November, 1956 and Class I (Junior Duty) Grade from 8.5.1964 and in Class I (Junior Duty) Grade from 5.3.73, from 7.6.76 and 1.8.1977 as illegal wrong, arbitrary, mala fide, prejudicial, without jurisdiction, contrary to the provisions of the State Reorganization Act, 1956, Bombay Reorganization Act, 1960 and Allocated Government Servants (Absorption, Seniority, Pay & Allowances) Rules, 1957 and in violation of Article 14 and 16 of the Constitution of India and the plaintiff be declared in Class II Service in the pay scale and grade of Rs.220-650 and revised pay scale and grade of Rs.280-735 from 1/2.11.56, in class I (Junior Duty Grade) in the pay scale and grade of Rs.420-950 and revised pay scale of Rs.500-100 from 8.5.1964 in Class I (Senior Duty Grade) in the pay scale and grade of Rs.1100-1600 from 5.3.73, in class I (Senior Duty Grade) in the pay scale of Rs.1300- 1700 from 7.6.76 and in Class I (Senior Duty Grade) in the pay scale and grade of Rs.1600-2000 from 1.8.1977 with all consequential benefits, pay, allowances and interest at the rate of 18% per annum.