ASSISTANT DIRECTOR OF AGRICULTURE Vs. BAKORBHAI JIVABHAI PATEL

JUDGEMENT

(1.) By way of this appeal, original respondent No.2 has challenged legality and validity of impugned order passed by learned Single Judge dtd. 14/11/2019 in Special Civil Application No.12553 of 2017.

(2.) The case of original petitioner was that petitioner had retired as Extension Officer (Agriculture) who initially joined services as Gram Sevak on 17/10/1958 and was working as Extension Officer then at Dehgam Taluka Panchayat, Dehgam and superannuated from services on 1/2/1989 and is getting pension having PPO No.5014. It the case of the original petitioner that petitioner was given deemed date of 21/3/1980 in the cadre of Extension Officer vide order dtd. 16/1/2003 and thereafter was actually promoted as Extension Officer with effect from 4/1/1985. A scheme was promulgated by Government of Gujarat for grant of higher grade pay scale to its employees who could not secure promotion on account of stagnation and due to lack of promotional post and as such by way of Government Resolution dtd. 5/7/1991, scheme was framed by extending the benefit of higher pay scale.

(3.) It was the case of original petitioner that said Government Resolution of 1991 has indicated that employees were entitled to three higher grade pay scale upon completion of 9, 18 and 27 years of services as on 1/6/1987 and according to petitioner, he is entitled to three higher grade pay scale in view of this resolution. But, since repeated requests were not adhered to, petitioner was compelled to issue legal notice on 18/1/2017, but having not been responded, positively left with no alternate petitioner was constrained to approach this Court by way of filing a petition under Article 226 of the Constitution of India which was registered as Special Civil Application No.12553 of 2017.