K K ATARA Vs. BAGASARA NAGAR PALIKA

JUDGEMENT

(1.) By this Writ Petition, the petitioner has questioned the refusal of benefit to the petitioner to draw the salary in the grades of Rs.550-900 wef 01-02-1972 to 31-12-1985 and Rs.1640-2900 from 01-01-1986 onwards, mainly, on the ground that the respondent-authority has committed serious illegality in rejecting his rightful claim, even though the petitioner, being a Commerce Graduate with the subject of Advanced Accounting and Auditing, had not passed the necessary examination, for drawing the salary of a qualified Accountant.

(2.) The petitioner was serving as an Accountant in the office of respondent No.1, Bagasra Nagar Panchayat, since 01-02-1972. Since October 1986, the said Bagasra Nagar Panchayat came to be converted into Bagasra Nagar Palika. The petitioner is a Graduate in Commerce faculty. It is, therefore, his case that he is a qualified Accountant. In support of this contention, he has pleaded that the expression "qualified" has not been defined by the Finance Department of respondent No.2. The petitioner was undertaken in the service on a grade of Rs.425-800 and he continued to draw the same grade till 31-12-1985.

(3.) Later wef 01-01-1986, the petitioner started getting the grade of Rs.1400-2600. The petitioner, as such, had also applied for appearing and passing the necessary examination of the Department, which is known as "Gujarat Accounts Clerks (Lower Standard) Examination". He paid the fees for the examination by a challan, a copy, whereof, is produced on record in this Writ Petition. It also bears the endorsement of having received the challan with the application form. The petitioner was replied by the Secretary of the Bagasra Nagar Panchayat to the effect that the papers which were sent for examination had been received back and, therefore, the same were returned to the petitioner. This was sent with a letter dated 05-07-1976, a copy whereof is, also, placed on the record of this Writ Petition.