GOHIL MANILAL HAKABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Fructification of additional increments on undergoing of sterilization operation was the Government policy in practice at the relevant time. In the case of claim for additional increment, accused had said to have smelt - also said to have claimed 'cut' - (chai-pani) - for moving papers for releasing the additional increment. The story relevant for the present purpose is, thus:

(2.) The complainant is one Manilal. He is a teacher in primary school at village Virpur, Taluka : Palitana, District : Bhavnagar. He claims to have two children. His wife has said to have undergone family planning (sterilization) operation on 7.7.1999. As per the Government Policy then prevailing, this act of his wife entitled him to have one additional increment in his pay. He claims to have applied for it in July, 1999 itself through proper channel and with necessary papers. Then things did not move even after lapse of two months. So, the teacher approaches Education Inspector Mr. Parmar and Mr Parmar's Clerk Mr. Rambhai Kamalia later person is the sole accused herein. Rambhai had alleged to have stated to him that said increment would be released after passing of the resolution, at the same time he alleged to have said to the complainant-teacher that he should arrange for Rs. 500/- for "chai-pani". Thereafter the complainant alleged to have met off and on, without any result. In December, 1999, the District Development Officer had held camp at Palitana and at that time the complainant has alleged to have tried to give him an application complaining him about "injustice" faced by him in the matter of increment. The Education Inspector has alleged to have restrained him by saying that "it is my job and I would see that your increment is released". Yet, no noticable progress in the matter.

(3.) Then on 7.3.2000 a day earlier from the date, as usual- on which the complaint was lodgedcomplainant was said to have summoned by the authorities in charge. After some talk, the complainant was asked to tender apology letter for the alleged representation he had made to the higher authority. It is also alleged that the amount of "chai-pani" was settled at Rs. 400/-.