STATE OF GUJARAT Vs. P P JOSHI

JUDGEMENT

(1.) WE have heard Mr.Utkarsh Sharma, learned AGP appearing for the appellants.

(2.) THIS Letters Patent Appeal has been filed by the appellants -original respondents challenging the judgment of the learned Single Judge dated 19.07.2013 passed in Special Civil Application No.24263 of 2006 with Special Civil Application No.24316 of 2006 with Special Civil Application No.24317 of 2006.

(3.) THE appellants -original respondents had issued orders for rectification of grant of higher pay scale at the relevant time to the opponent -original petitioner, who was working as Lino Operator. On completion of nine years service and having become entitled to higher pay scale, the opponent -original petitioner was granted higher pay scale of Rs.1400 -2300/ - which was the pay scale of the post of Compose Overseer. While the opponent -original petitioner was serving as Lino Operator, he was entitled to get promotion to the post of Compose Foreman/Lino Mechanic at higher pay scale, but Gujarat Civil Service (Revision of Pay) Rule, 1987 which came into force from 01.01.1986, the pay scale of Lino Operator was made equivalent to the post of Compose Foreman and Lino Mechanic. The opponent -original petitioner has been considered on the post of Compose Foreman/Lino Mechanic as a promotional post, though there is no enhancement in the pay scale as even if a person is promoted on the post of Compose Foreman/Lino Mechanic, he will be getting the same pay scale. Promotion pre supposes higher pay scale. Promotion cannot be effected in the same pay scale. This question was not answered by the appellants - original respondents before the learned Single Judge and even before this Court in this appeal, this question has not been answered or explained in any paragraph. After considering the facts of the case, the learned Single Judge was of the opinion that the pay scale has rightly been paid to the opponent -original petitioner. Paragraph Nos. 5, 6, 7 and 8 are extracted below: