TARUNABEN B BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter is listed today for fixing date of hearing. While requesting for the same, Mr.P.V.Hathi, learned advocate appearing for the petitioner, submitted that the matter involves a very short question and that too duly covered by the judgments of this Court, not only of the learned Single Judges, but also that of the Division Bench. That being so, at the request of the learned advocates for both the sides, the matter is taken up for final hearing today itself.

(2.) The short facts giving rise to the petition are that the petitioner was appointed as a Clerk after being selected at Valia in the Court of Civil Judge by the order dated 22nd January 1988 where she reported for duty on 1st February, 1988. Thereafter, by office order No.178/95, the Principal Judge, City Civil Court posted the petitioner on his establishment as per directions of the High Court sanctioning inter-District transfer of the petitioner on certain conditions, copy of the order is produced at Annexure B to the petition. The petitioner joined the establishment of the City Civil Court on 1.9.95. The petitioner appeared for the Higher Standard Departmental Examination and was declared 'pass' on 20th November 1988 whereby became eligible for promotion to higher post of Assistant Superintendent. On 23rd February, 2000, the Registrar of the City Civil Court sent papers of the petitioner, for pay fixation for giving her higher grade scale, to the Local Fund Office, Ahmedabad.

(3.) The petitioner is aggrieved as the benefits of 9 year higher grade are denied to the petitioner by the Local Fund Office on the ground that the petitioner having obtained inter-district transfer had lost her seniority and therefore she is not eligible for the 9 year higher grade benefits vide GR dated 16th August 1994. The learned advocate Mr.Hathi submitted that the Local Fund Office refused to accept the judgment of the High Court, which was pointed out by the petitioner. The petitioner was asked to obtain judgment by filing a writ petition. That is why the petitioner is before this Court.