STATE OF GUJARAT Vs. VASANTLAL K. SUTHARIA

JUDGEMENT

(1.) Preferred by the State and the Commissioner of Midday Meals and Schools, the present Letters Patent Appeal under clause 15 of the Letters Patent is against the judgment and order Judge dtd. 17/3/2022 of learned Single, whereby Special Civil Application of the respondent-original petitioner came to be allowed in part.

(2.) Learned Single Judge negatived the claim and the prayer of the petitioner for grant of higher pay- scale upon completion of 9 years in the cadre of Head Clerk, however, the prayer for grant of deemed date of promotion with effect from 9/10/1989 in the cadre of Auditor Group-I came to be granted.

(3.) The facts of the case inter alia were that the petitioner upon being selected by the Gujarat Public Service Commission in the cadre of Junior Clerk came to be posted in the Fisheries Department with effect from 12/5/1969. On 22/10/1969, the petitioner was transferred as Junior Clerk in the office of Director of Education, now known as the Commissioner of Mid- Day Meals and Schools. The petitioner came to be promoted as Senior Clerk on 21/1/1972 and thereafter, as Head Clerk with effect from 21/2/1991. The petitioner was promoted to the post of Auditor Group-I, by order dtd. 2/1/2002 with effect from 16/12/2002. It was a permanent promotion and the petitioner accepted the same.