BHANABHAI LIMJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed by the original petitioner under Article 226 of the Constitution of India with the following reliefs.

(2.) Facts of the present petition in nutshell are that the petitioner was appointed as senior clerk and was promoted as senior clerk on 1/1/1983 in the District Panchayat, Valsad by way of regular selection. The petitioner has completed 9 years continuous service on the post of senior clerk on 31/12/1991 and, therefore, he was entitled to the first higher pay scale of Rs.1400.00 2600 with effect from 1/1/1992, but the same was granted to the petitioner on passing of departmental examination in 1997. That the grievance of the petitioner is that the petitioner has completed 9 years on 31/12/1991, whereas, the departmental examination was first time taken in 1994, however, he could not have appeared in the examination. That the petitioner and other employees were given benefit of the higher pay scale by order dtd. 29/3/1993 (the petitioner is at Sr.No.15). However, without giving any opportunity of hearing the aforesaid benefit was withdrawn by impugned order dtd. 25/10/1994 and, therefore, the petitioner made several representations. That thereafter the petitioner passed the departmental examination in 1997 and was given the benefit in 1998 and again petitioner made representation which came to be rejected in 2004. Being aggrieved by the decision of the respondent - authority, petitioner preferred Appeal No.281 of 2004 before the Gujarat Civil Services Tribunal which came to be dismissed.

(3.) Being aggrieved and dissatisfied by the impugned order / communication / action on the part of the respondents, the petitioner has preferred the present petition.