H. J. DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) The factual matrix in the present case is as follows:-

(3.) Mr. Shrijit Pillai, learned advocate appearing on behalf of the petitioner, submitted that after the order of reinstatement dtd. 31/1/2002 and as per the terms and conditions mentioned therein, the petitioner was entitled for first higher grade scale from 15/2/1991 in accordance with the G.R. dtd. 16/8/1994. He submits that in view thereof, he had made an application to the respondents for appearing in the examination once the said benefit is extended to him. He submits that, however, from his date of reinstatement i.e. 31/1/2002 till grant of his application for voluntary retirement on 17/8/2006, no departmental examination was held and therefore, the petitioner could not appear in such examination. He submits that the representation for grant of such higher grade scale came to be rejected by the impugned order dtd. 31/8/2006 stating that since the petitioner had not worked from 19/12/1984 to 31/1/2002, his A.C.Rs. are not available for 9 years and that he has not passed the departmental examination and therefore, the said benefit cannot be granted to him. He submits that as per the G.R. dtd. 16/8/1994, the benefit of first higher grade scale is to be extended on completion of service of 9 years. Thereafter, the employee has to pass the departmental examination within the stipulated period and in stipulated attempts. He submits that since the petitioner belongs to reserved category, the petitioner was entitled to 3 attempts in 2 years, however, since his reinstatement till his voluntary retirement, no departmental examination was held and therefore, the petitioner cannot be denied said benefit for which he is not responsible. He submits that the present Special Civil Application be allowed and the order dtd. 31/8/2006 be set aside.