THAKOR RANJITSINH MOHANSINH Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) Heard Mr. K. B. Pujara, learned Advocate for the petitioner, Mr. Rutvij M. Bhatt, learned Advocate for the District Primary Education Officer, Valsad and Mr. Rasesh Rindani, learned Assistant Government Pleader for the State Authorites.

(2.) The facts as stated are that the petitioner had initially joined the service as teacher with the District Panchayat, Valsad on 21.12.1967. The date of birth of the petitioner is 19.09.1947. The petitioner retired on attaining the age of superannuation on 31.10.2005.

(3.) The grievance voiced in this petition is that, on completion of seventeen years of service as a Teacher, the petitioner ought to have been granted senior scale, which was denied by the Authorites. The ground for denial of the said senior scale, according to the respondent Authority is that, the period of seventeen years of service has to be counted from 13.08.1970 and not from 21.12.1967, since there was break in service from 21.12.1967 to 13.08.1970, and considering 13.08.1970 the petitioner would complete seventeen years on 13.08.1987. The Higher Grade Scale Scheme of the Government vide Government Resolution dated 05.07.1991 became effective from 01.06.1987 and after coming into force of the said Scheme, the employees were not entitled to get senior scale. Under these circumstances, it is contended by Mr. Rutvij M. Bhatt, learned Advocate for respondent No. 1 that, the petitioner having not completed seventeen years of service prior to 01.06.1987, he was not entitled to senior scale and no exception can be made to the denial by the respondent Authorites to the grant of senior scale to the petitioner. Mr. Rutvij M. Bhatt, learned Advocate for the respondent No. 1, by referring to the Office Order dated 25.05.1987, vehemently contended that, though the service of the petitioner was regularized with regard to breaks between 21.12.1967 and 12.08.1970, but the same was only for the purpose of pension, and as the order reads, the same was treated to be leave without pay and the claim of the petitioner that 21.12.1967 should be treated as a regular date of appointment, even for the purpose of calculation of seventeen years of service, to make him eligible to get senior scale prior to 01.06.1987 cannot be accepted and it would stand in contradiction to Office Order dated 25.05.1987, which is not challenged by the petitioner.