ISHWARLAL U.PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed by the original petitioner (deceased) 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 junior clerk on 16/6/1972 and was promoted as senior clerk on 23/12/1980 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 23/12/1989 and, therefore, he was entitled to the first higher pay scale of Rs.1400.00 2600 with effect from 23/12/1989. That the grievance of the petitioner is that the petitioner has completed 9 years on 23/12/1989, whereas, the departmental examination was first time taken in 1983, however, he could not have appeared in the examination. The petitioner and other employees were given benefits of the higher pay scale vide order dtd. 29/3/1993. However without giving any opportunity of hearing the aforesaid benefit was withdrawn by impugned order dtd. 25/10/1994 and, therefore, the petitioner made several representations. Thereafter the petitioner passed the departmental examination in 1996 and he was promoted on the post of Deputy Chitnis with effect from 2/6/1992 and was further promoted as Office Superintendent on 1/3/2007. It is also the case of the petitioner that he was entitled to the higher pay scale in the post of Deputy Chitnis on completion of 9 years from 2/6/2000 and thereafter he superannuated on 13/4/2009 and made several representations which are not replied.

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