NAVINCHAQNDRA ISHWARLAL PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. A.S.Supehia, learned advocate for the petitioner and Mr. Rashesh Rindani, learned Assistant Government Pleader for the respondent-authorities.

(2.) THE petitioner has retired on attaining the age of superannuation in March, 1992. The petitioner has claimed two higher grade scales, as per the policy of the Government, as contained in the Government Resolution dated 05.07.1991. The petitioner had approached the Gujarat Civil Services Tribunal, Gandhinagar but the Tribunal has rejected the claim of the petitioner, vide its judgment and order dated 21.12.2001, which is challenged in this petition.

(3.) LEARNED Assistant Government Pleader on the other hand, by referring to the affidavit-in-reply filed on behalf of authorities through one Chandubhai Kalabhai Kharadi, Assistant Administrative Officer, Office of the Director of Agriculture, Gujarat State, Gandhinagar, dated 28.02.2013, contended that since the petitioner had earlier worked as Junior Clerk and then as Senior Clerk and thereafter he was appointed as Stenographer, appointment of the petitioner as Stenographer is treated as the promotion of the petitioner, and that is how, higher grade scale, as claimed by the petitioner, is denied to him. Learned Assistant Government Pleader has further drawn the attention of the Court to the communication of the District Collector, Surat, dated 09.05.1997, by which the claim of the petitioner was rejected. In the said letter, Collector, Surat had conveyed to the petitioner that in view of the Government Resolution dated 16.08.1994, the claim of the petitioner was not acceptable.