KARAMSINH V RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This petition is filed by petitioner No. 1-Agricultural Assistant working in the office of the Director of Agriculture, respondent No. 3 herein and also by petitioner No. 2-Staff Association of Agriculture Supervisors (Promoted) and Agriculture Assistants Class III (Technical) working in the Gujarat Agriculture University, for appropriate writ, direction and/or order directing the respondents to grant benefit of bunching as provided under Note 3 of Rule 7 of the Gujarat Civil Services (Revision of Pay) Rules, 1975 by giving starting pay of Rs. 350.00 to Agricultural Assistants who are Diploma Holders in the revised pay scale of Rs. 330-560 and to grant increments on that basis and also by directing the respondent authorities to give all consequential benefits including arrears of pay which may be due and payable to them in accordance with the said fixation.

(2.) . It is the case of the petitioners that petitioner No. 1 is working as Agricultural Assistant in the Directorate of Agriculture prior to the establishment of the State of Gujarat. The Gujarat Civil Services (Revision of Pay) Rules, 1975 (hereinafter referred to as "R.O.P. Rules") have been framed by the Governor of Gujarat in exercise of the powers under the proviso to Art. 309 of the Constitution of India and they came into force with effect from 1/01/1973. They are made applicable to all Government servants. Rule 3 defines "basic pay" as pay defined in sub-clause (a)(i) of clause (39) of Rule 9 of the Bombay Civil Services Rules, 1959. "Revised Scale" is defined as the scale of pay specified against the post in Col. 4 of Schedule B of the Rules. The scale of pay for various posts has been specified in Schedule "C". Rule 5 provides for revised scales of pay whereas Rule 6 provides for option. Rule 7 fixes initial pay in the revised scales. The said Rule is material for the purpose of controversy raised in the present petition and requires to be quoted.

(3.) . It is the case of the petitioners that pay scale for the post of Agricultural Assistant was Rs. 135-250. It was revised to Rs. 330-10-380-EB-12-440-15- 560 (Diploma Holders to start at Rs. 350.00). It is not disputed that the petitioner No. 1 is Diploma Holder. It is also not disputed that petitioner No. 1 opted for the revised scale and it is further undisputed that when he opted for the revised pay scales, he had reached at Rs. 198.00 in the existing scale (Rs. 135-250) which was llth stage in the existing scale. It is the case of petitioner No. 1 that upon exercising option his initial pay was required to be revised in accordance with Rule 7 by putting him at the minimum scale of Rs. 350.00 since he was a Diploma Holder. According to the petitioners, the revised pay scale is Rs. 330-560 but Diploma Holders were to start at Rs. 350/-and, therefore, in case of Diploma Holders, the minimum was to be counted at Rs. 350.00. Accordingly, vide order dt. January 29/30. 1976, pay scale of petitioner No. 1 was fixed at Rs. 350.00. Copy of the said order is annexed at Annexure 'A' to the petition. Having regard to the fact that the petitioner No. 1's case was covered by Note 3 of Rule 7 extracted hereinabove, he was entitled to two increments since he was at the llth stage in the existing scale. From Note 3 it is clear that a Government servant is entitled to one increment if he has crossed five stages in the existing scale and there is bunching from 6th stage upto 10th stage of the existing scale. Similarly, he is entitled to two increments if there is bunching from llth stage upto 15th stage of the existing scale. The petitioner was at llth stage and, hence, he was entitled to get benefit of bunching by two increments of Rs. 10.00 each. Thus, he was entitled to get Rs. 370.00. (Rs. 350/- + Rs. 10.00 + Rs. 10.00). Accordingly, an order came to be passed on 31/01/1976 and the benefit of stepping up by two increments on account of bunching as per Note 3 to Rule 7 had been extended in favour of the petitioner. A copy of the said order is annexed to the petition at Annexure 'B'.