JAYANT GORDHANDAS PITHIA Vs. GUJARAT MARITIME BOARD

JUDGEMENT

(1.) By way of present petition, under Articles 14, 16 and 226 of the Constitution of India, the petitioner has prayed, inter alia, that:-

(2.) The brief facts giving rise to present petition are that the petitioner was working with the respondent No.2, as 'Khalasi' and was promoted from the post of 'Khalasi' to the post of 'Time Keeper' vide order dtd. 20/12/1994 in the office of respondent No.2. The petitioner was promoted as 'Time Keeper' in the pay scale of Rs.950.0020- 1150-EB-1500 (Revised to Rs.3050.0075-3950-80-4590). The petitioner was entitled for higher grade on completion of 9 years of service and for that purpose the pre-service examination was required to be passed. The petitioner's name was also included for appearing in the pre-service examination. However, the respondent no.2, addressed a letter to Chief Administrative Officer that the pre-service examination is not compulsory in the case of the petitioner and that the petitioner was not relieved to appear in the examination. However, the petitioner continued to make representation and without prejudice to the rights and contention, the petitioner appeared in the pre-service examination and passed the same in May, 2009. The petitioner has received a letter dated 28/7/6 denying to grant benefit of higher grade on the ground that the petitioner has not passed pre-service examination. However, when the petitioner passed the examination in May, 2009, an order dtd. 15/10/2010 came to be issued by the Port Officer, granting the benefit of higher grade and the said benefit of higher grade was granted w.e.f. 20/5/2009. The petitioner's salary was fixed on completion of nine years of service in the scale of Rs.4000.00100-6000 and his initial pay was fixed at Rs.4400.00 w.e.f. 20/5/2009.

(3.) Being aggrieved and dissatisfied with the order of not granting first higher grade on completion of 9 years of service in 2003, the petitioner has filed present petition and prayed for above mentioned relief.