JAYANTI TULJARAM RATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is confined only to the relief in prayer clause-6.(BB) as during the pendency of the present writ-petition the other prayers have been satisfied and are not pressed accordingly.

(2.) The factual matrix in the present case is that the petitioner was initially appointed as a Junior Clerk in the service of the State Government on 1/2/1984. Thereafter, by selection through G.P.S.C., the petitioner was appointed as Employment Officer Class-II in the month of October, 1989 in the Labour and Employment Department. The State Government passed an order dtd. 12/1/2016 granting deemed date of promotion to the petitioner with effect from 5/12/2000 in the cadre of Sub Regional Employment Officer Class-II. On 5/2/2016, the persons junior to the petitioner were also granted first higher grade scale from their respective due dates in the cadre of Employment Officer Class-II. Thereafter, on 16/1/2018, the petitioner is also granted first higher grade scale of Rs.6,500.0010,500/- with effect from 27/9/1997. Since the pay scale of Sub Regional Employment Officer and the pay scale of the Employment Officer Class-II came to be merged pursuant to the 5th Pay Commission, it is the case of the petitioner that he was denied the monetary benefits by the respondents in terms of the Government Resolution dtd. 16/8/1994, wherein, it has been provided that if there is no separate scale of promotional post then the pay scale as prescribed in the schedule to the Government Resolution dtd. 16/8/1994 should be granted to such employees. Hence, the present Special Civil Application is preferred by the petitioner herein.

(3.) Heard learned counsel for the parties and perused the documents on record.