RAVINDRAKUMAR THAKORLAL GARASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The unsuccessful petitioner of Special Civil Application No.20089 of 2016 is in intra Court appeal under clause 15 of the Letters Patent.

(2.) Stated briefly, the unsuccessful petitioner was appointed as Medical Officer, Class II on ad hoc basis w.e.f. 20/2/1982. He appeared in GPSC examination undertaken in the year 1991 successfully, which resulted into giving appointment on regular basis vide order dtd. 25/7/1991. The petitioner was appointed on probation, which was to be completed after two years of service and on completion of six years of service i.e. on 19/2/1998, he was granted first higher grade pay scale w.e.f. 14/11/1991. As per Rules, second higher grade pay scale, which was due, had been granted to the petitioner w.e.f. 20/2/1995. The petitioner has opted for retirement under the Voluntary Retirement Scheme and retired from the service on 19/11/2007. The petitioner claimed that upon completion of 19 years of service, he was entitled for the third higher grade pay scale in the year 2001. However, it was not granted to the petitioner.

(3.) The petitioner also put forth his case that in the seniority list of Medical Officer, Class II, he was standing at Sr No.1031 on 1. 1.2007. The other Medical Officer, Class II, who was standing at Sr No.1378 has been given benefit of the third higher grade pay scale, but the petitioner has been denied and as such, the petitioner was discriminated. Since the benefit of third higher grade pay scale was not given to the petitioner, he had made a detailed representation to the Health Department on 24/1/2013, but of no avail. The petitioner therefore, submitted his claim for third higher grade pay scale based on the recommendation made by the Tiku Pay Commission and filed Special Civil Application praying for the following relief:-