SURESHBHAI DAHYABHAI RATHOD 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 junior clerk on 7/7/1980 and was promoted as senior clerk on 9/9/1992 in the District Panchayat, Valsad by way of regular selection. The petitioner has completed 9 years continuous service on the post of senior clerk and, therefore, he was entitled to the first higher pay scale of Rs.1400.00 2600 with effect from 9/9/1992, but the same was given to the petitioner in 1997. That the grievance of the petitioner is that he has completed 9 years on 3/7/1992, whereas, the departmental examination was first time taken on 17/9/1994, however, he could not have appeared in the examination. Since the petitioner has completed 9 years service on the post of senior clerk in September 1992 whereas the departmental examination was taken for the first time in 1994, however the petitioner was entitled to get the first higher pay scale from September 1992 and after passing the examination the first higher pay scale was given in September 1997. Therefore, the petitioner made several representations, but the same came to be rejected by the respondent relying upon the resolution dtd. 16/8/1994 whereas the petitioner has completed 9 years much prior to the resolution. Thereafter, the petitioner made several representations, however, the same were not decided till date.

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